07/28/2008 - 6164�
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FRIDLEY
FRIDLEY CITY COUNCIL MEETING
OF JULY 28, 2008
7:30 p.m. - City Council Chambers
Attendance Sheet
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FI2[DLEY
FRIDLEY CITY COUNCIL MEETING OF JULY 28, 2008
The City of Fridley will not discriminate against or harass anyone in the admission or access to, or treatment, or
employment in its services, programs, or activities because of race, color, creed, religion, national origin, sex, disability,
age, marital status, sexual orientation or status with regard to public assistance. Upon request, accommodation will be
provided to allow individuals with disabilities to participate in any of Fridley's services, programs, and activities.
Hearing impaired persons who need an interpreter or other persons with disabilities who require auxiliary aids should
contact Roberta Collins at 763-572-3500 at least one week in advance. (TTD/763-572-3534)
PLEDGE OF ALLEGIANCE.
PRESENTATION:
Fridley `49er Days Royalty
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of July 14, 2008
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OLD BUSINESS: � ;� ��� � /
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1. Second Reading of an Ordinance Under
Section 12.06 of the Fridley City Charter
Declaring Certain Real Estate to be Surplus
and Authorizing the Sale Thereof (Generally
Located on Springbrook Creek Near the
Intersection of Broad Avenue and 79`h Way)
(Ward 3) ................................... 1 - 2
NEW BUSINESS:
2. Receive the Minutes from the Planning
Commission Meeting of July 16,
2008 ................................... 3 - 6
3. Special U.se Permit Request, SP #08-10, by
Warren Stock, Stock Roofing Company, LLC,
to Allow for Limited Outdoor Storage, Generally
,Located at 7701 Main Street N.E.
(Ward 3) ................................... 7 - 11
APPROVAL OF PROPOSED CONSENT AGENDA:
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NEW BUSINESS: ��r��
4. Resolution Providing for the Issuance and Sale of
$1,915,000 General Obligation Improvement Bonds,
Series 2008A, Pledging for the Security Thereof
Special Assessments and Levying a Tax for the
Payment Thereof ............................... 12 - 22
5. Resolution Providing for the Issuance and Sale of
$3,725,000 General Obligation Water Revenue Bonds,
Series 2008B, Pledging for the Security Thereof
Special Assessments and Levying a Tax for the
Payment Thereof ............................... 23 - 33 n`
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6. Resolution Ap}9ointing Election Judges for the
2008 Primary and General Elections . 34 - 36
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7. Resolution Authorizing Participation in the
Safe and Sober Communities Grant
Program .................................. 37 - 38 � ..
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Approve Joint Power Agreement between the
City of Fridley and the City of St. Paul Regarding
Public Safety Related to the 2008 Republican
National Convention ............................. 39 - 55
Approve Change Order No. 1 for the 2008
Street Improvement Project No.
ST2008-1 .................................. 56 - 58
FRIDLEY CITY COUNCIL MEETING OF JULY 28, 2008
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS:
10. Claims (137613 —137735) ................ 59
11. Licenses ................................... 60 - 61
ADOPTION OF AGENDA.
OPEN FORUM (VISITORS): Consideration of Items
Not on Agenda — 15 Minutes
NEW BUSINESS:
12. Informal Status Reports ..................... 62
ADJOURN.
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PAGE 2
�
� CITY COUNCIL MEETING OF JULY 28, 2008
CffY OF
FRIaLEi'
The City of Fridley will not discriminate against or harass anyone in the admission or access
to, or treatment, or employment in its services, programs, or activities because of race,
color, creed, religion, national origin, sex, disability, age, marital status, sexual orientation or
status with regard to public assistance. Upon request, accommodation will be provided to
allow individuals with disabilities to participate in any of Fridley's services, programs, and
activities. Hearing impaired persons who need an interpreter or other persons with
disabilities who require auxiliary aids should contact Roberta Collins at 763-572-3500 at
least one week in advance. (TTD/763-572-3534)
PLEDGE OF ALLEGIANCE.
PRESENTATION:
Fridley `49er Days Royalty
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of July 14, 2008
OLD BUSINESS:
1. Second Reading of an Ordinance Under
Section 12.06 of the Fridley City Charter
Declaring Certain Real Estate to be Surplus
and Authorizing the Sale Thereof (Generally
Located on Springbrook Creek Near the
Intersection of Broad Avenue and 79t" Way)
(Ward 3) ................................................................................................... 1 - 2
FRIDLEY CITY COUNCIL MEETING OF JULY 28, 2008 PAGE 2
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS:
2. Receive the Minutes from the Planning
Commission Meeting of July 16, 2008 .......................................................... 3- 6
3. Special Use Permit Request, SP #08-10, by
Warren Stock, Stock Roofing Company, LLC,
to Allow for Limited Outdoor Storage, Generally
Located at 7701 Main Street N. E. (Ward 3) .................................................. 7- 11
4. Resolution Providing for the Issuance and Sale of
$1,915,000 General Obligation Improvement Bonds,
Series 2008A, Pledging for the Security Thereof
Special Assessments and Levying a Tax for the
PaymentThereof ........................................................................................... 12 - 22
5. Resolution Providing for the Issuance and Sale of
$3,725,000 General Obligation Water Revenue Bonds,
Series 2008B, Pledging for the Security Thereof
Special Assessments and Levying a Tax for the
PaymentThereof ........................................................................................... 23 - 33
6. Resolution Appointing Election Judges for the
2008 Primary and General Elections ............................................................. 34 - 36
7. Resolution Authorizing Participation in the
Safe and Sober Communities Grant Program ............................................... 37 - 38
FRIDLEY CITY COUNCIL MEETING OF JULY 28, 2008 PAGE 3
APPROVAL OF PROPOSED CONSENT AGENDA:
NEW BUSINESS (CONTINUED):
8. Approve Joint Power Agreement between the
City of Fridley and the City of St. Paul Regarding
Public Safety Related to the 2008 Republican
National Convention ........................................................................................ 39 - 55
9. Approve Change Order No. 1 for the 2008
Street Improvement Project No. ST2008-1 ................................................... 56 - 58
10. Claims (137613 — 137735) ............................................................................ 59
11. Licenses ................................................................................................... 60 - 61
ADOPTION OF AGENDA.
OPEN FORUM (VISITORS): Consideration of Items Not on Agenda — 15 Minutes
NEW BUSINESS:
12. Informal Status Reports ................................................................................ 62
ADJOURN.
CITY COUNCIL MEETING
CITY OF FRIDLEY
JULY 14, 2008
The City Council meeting for the City of Fridley was called to order by Mayor Lund at 730 p.m
ROLL CALL:
MEMBERS PRESENT: Mayor Lund
Councilmember-at-Large Barnette
Councilmember Saefke
Councilmember Varichak
Councilmember Bolkcom
OTHERS PRESENT: William Burns, City Manager
Fritz Knaak, City Attorney
Scott Hickok, Community Development Director
James Kosluchar, Public Works Director
APPROVAL OF PROPOSED CONSENT AGENDA:
APPROVAL OF MINUTES:
City Council Meeting of June 23, 2008
APPROVED.
OLD BUSINESS:
1. Second Reading of an Ordinance Amending the Fridley Home Rule Charter,
Chapter 2. City Council Organization, Chapter 3. Procedure of Council, Chapter 4.
Nominations and Elections, Chapter 5. Initiative, Referendum and Recall and
Chapter 6. Administration of City Affairs.
Williams Burns, City Manager, stated the proposed changes were initiated by the Charter
Commission to maintain consistency with statutes and update terminology. All of the changes
may be regarded as housekeeping rather than substantive in nature. Staff recommends Council's
approval.
WAIVED THE READING OF THE ORDINANCE AND ADOPTED ORDINANCE NO.
1250 ON SECOND READING.
NEW BUSINESS:
2. Receive the Minutes from the Planning Commission Meeting of June 18, 2008.
FRIDLEY CITY COUNCIL MEETING OF JULY 14, 2008 PAGE 2
RECEIVED.
3. Special Use Permit Request, SP #08-09, by Alisa Gutierrez, to Allow a Cat and Dog
Grooming Business, Generally Located at 6501 Central Avenue N.E. (Ward 2).
William Burns, City Manager, stated the petitioner wishes to establish a dog and grooming
studio in a 720-square space in a strip mall at the above address. Staff determined that the use
requires a special use permit in this C-2 General Business zoning district. On June 18, 2008, the
Planning Commission recommended approval, subject to six stipulations. There is a seventh
stipulation that states the petitioner shall properly seal and insulate the walls between her tenant
space and adjoining tenant spaces up to the ceiling. That is something he understands the
petitioner agrees with. Staff recommends Council's approval with the following seven
stipulations:
1. The petitioner shall obtain a building permit prior to interior modifications of required by
the Minnesota State Building Code.
2. The petitioner shall comply with Minnesota State Building Code requirements.
3. The petitioner shall obtain a sign permit prior to installation of any new signage.
4. The ventilation system needs to be designed so that no odors or organisms will spread
between wards or to the outside air.
5. There shall be no outside pens or holding areas for the animals.
6. City staff to review special use permit within one year to ensure compatibility.
7. Petitioner shall property seal and insulate the walls between her tenant space and
adj oining tenant spaces up to the ceiling.
APPROVED.
4. Variance Request, VAR #08-05, by Jay Thorson of Daily Companies on Behalf of
Miller Funeral Home, to Reduce the Side Yard Setback on the North Side of the
Building from 15 Feet to 3.7 Feet to Allow an Expansion of the Existing Garage; and
to Increase the Encroachment of a Canopy into the Required Side Yard from 3 Feet
to 7 Feet, Generally Located at 6210 Highway 65 N.E. (Ward 2).
William Burns, City Manager, stated petitioner is asking that Miller Funeral Home be allowed
to build an addition to an existing garage on the north side of their property. If allowed to build
the 17.65-foot by 60-foot addition, they will be extending their existing side yard encroachment
by 60 feet for a total distance of 81 feet 8 inches. They are also asking for a second variance that
will increase the side yard encroachment of a canopy on the south side of the building from 3
feet to 7 feet. They are eliminating a mansard roof and are putting canopy in place of it. The
FRIDLEY CITY COUNCIL MEETING OF JULY 14, 2008 PAGE 3
canopy will stretch out a little bit more over the side yard. At their June 25 meeting, the Appeals
Commission voted unanimously to approve the variance request subject to four stipulations.
Staff recommends Council's approval.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
5. Receive Bids and Award Contract for the 2008 Quiet Zone Project No. ST2007-03
(Ward 3).
William Burns, City Manager, stated the City received four bids for the median driveway work
on Osborne Road and 77th Way that will allow the establishment of a quiet zone for the two
Burlington Northern Santa Fe railroad crossings on these streets. The low bidder was Hardrives,
Inc. of Rogers, Minnesota, in the amount of $128,358.35. Due to rapidly rising costs of fuel and
asphalt, the bid is considerably higher than the City's earlier estimate of $85,000.
Notwithstanding the increase, staff is recommending Council's approval of the bid to Hardrives,
Inc. The work funded from the City's MSAS account will take about 30 days and should be
completed by September 26. We are still not in control of our own timetable. What we do
depends on the response times of Burlington Northern and the Rail Authority. Staff's estimate of
the Anoka County's share of the cost for this project is $11,400. Anoka County turned down our
original plan because we did not connect the median to the median that extends from East River
Road. So the medians are going to be connected and it will cost an additional $11,400. It is a
difference of about 58.76 feet.
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
6. Receive Bids and Award Contract for the Elevated Water Tower No. 2
Rehabilitation Project No. 378 (Ward 1).
William Burns, City Manager, stated the City received six bids for this project. The low bidder
was Classic Protective Coatings, Inc., from Menomonie, Wisconsin, in the amount of $880,900.
The bid amount compares with $850,000 that was included in the 2008 water capital
improvements budget. Staff expects the work on this tank to begin this fall after the peak water
demand season. It will be completed by November 1. The work will be funded from the
proceeds of water revenue bonds. Staff recommends Council's approval.
RECEIVED THE BIDS AND AWARDED THE CONTRACT TO CLASSIC
PROTECTIVE COATINGS, INC., IN THE AMOUNT OF $880,900.
7. Claims (137321-137610).
APPROVED.
8. Licenses.
FRIDLEY CITY COUNCIL MEETING OF JULY 14, 2008 PAGE 4
THIS ITEM WAS REMOVED FROM THE CONSENT AGENDA AND PLACED ON
THE REGULAR AGENDA.
9. Estimates
APPROVED THE FOLLOWING ESTIMATES:
Midwest Asphalt
5929 Baker Road, Suite 420
Minnetonka, MN 55345
2008-1 Street Improvement Project
Estimate No. 2 ........................................................................ $431,227.30
APPROVAL OF PROPOSED CONSENT AGENDA:
Councilmember Bolkcom asked that Item Nos. 4, 5, and 8 be removed.
MOTION by Councilmember Barnette to approve the consent agenda as presented with the
removal of Item Nos. 4, 5, and 8. Seconded by Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
ADOPTION OF THE AGENDA:
MOTION by Councilmember Bolkcom to approve the agenda with the addition of Item Nos. 4,
5 and 8. Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
OPEN FORUM:
No one in the audience spoke.
NEW BUSINESS:
4. Variance Request, VAR #08-05, by Jay Thorson of Daily Companies on Behalf of
Miller Funeral Home, to Reduce the Side Yard Setback on the North Side of the
Building from 15 Feet to 3.7 Feet to Allow an Expansion of the Existing Garage; and
to Increase the Encroachment of a Canopy into the Required Side Yard from 3 Feet
to 7 Feet, Generally Located at 6210 Highway 65 N.E.
FRIDLEY CITY COUNCIL MEETING OF JULY 14, 2008 PAGE 5
Councilmember Bolkcom stated she has a concern as Miller Funeral Home has been before
them several times related to different variances. She loves the project that is before them and
thinks it will really modernize the building and bring it more up to date. It seems like there has
been a lot of variances on this property. She would like to ask the petitioner whether this was
final. She is concerned about a master plan.
Jay Thorson, Daily Companies, stated he is the builder/contractor who will be doing the work.
The architect is also present. He has worked with Kim Miller on and off over the years. They
have done a lot of studies on adding on to the building and improving it so he can expand his
business. They realize he is limited as to what he can do because of the size of the lot.
Councilmember Bolkcom asked if there was an overall master plan. She said it seems like
there are different variances, and it seems like at some point some of these could have probably
been taken care of. She understands things change and it is unfortunate the petitioner is not here.
She said they are almost out of room when this is done. She is a little concerned he could come
back again and say he did all the work and it was not an overall plan.
Mr. Thorson stated he is not sure and he cannot speak for Mr. Miller.
Councilmember Bolkcom stated it unfortunate he is not here. She is trying not to make him
leave and values the business, but it is already encroaching on the neighborhood.
Mr. Thorson replied, he knows he is just trying to run the business as efficiently as he can. He
can only expand and do so much business. They have talked about having to relocate or build
another facility; but he thinks the petitioner just wants to make it the best he can. He knows the
last variance which he was not involved in was for expanding he believed on the west side of the
building including the garage expansion. He is not really sure what that all encompassed, but he
thinks it was an economic deal and just not worth doing. He said he thought the petitioner's
focus now is to upgrade the appearance of the building.
Councilmember Bolkcom stated in the petitioner's hardship statement he says, "I feel this slight
addition will enhance the appearance and not be a significant encroachment to the north
setback" However, going from 16 to 3.7 is pretty significant.
Mr. Thorson said the building already is where they are going. The only major change is he is
putting a roof on it. He is extending it a little bit to the west, but he is already at that point right
now. It had not been compliant back then. So he is just continuing that through. Frankly, he is
going to be spending quite a bit of money doing this. Mr. Thorson does not foresee him adding
on and changing this down the road.
Councilmember Bolkcom asked about the renderings?
Mr. Thorson provided renderings for Council to view.
FRIDLEY CITY COUNCIL MEETING OF JULY 14, 2008 PAGE 6
Mayor Lund asked about a comment by a neighboring property owner who was against it. He
asked if the person owned commercial or residential property. He does not think the 60-foot
extension affects it at all. It is adjacent to commercial.
Scott Hickok, Community Development Director, replied he thinks there was an issue of clarity
about exactly where the addition was going to be. Once it was better understood where the
building would be modified, there was a better understanding and acceptance of it.
MOTION by Councilmember Bolkcom to approve Variance Request, VAR #08-05, by Jay
Thorson of Daily Companies on Behalf of Miller Funeral Home, with the following stipulations:
1. Petitioner shall obtain any required permits prior to beginning construction.
2. The proposed north wall shall meet Minnesota State Building Code requirements for
distance to a property line.
3. Parking lot to be restored to Code requirements for paving, curbing, and painting after the
addition is completed.
4. Landscaping on the north side of building to be restored to Code requirements after the
addition is completed.
Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
5. Receive Bids and Award Contract for the 2008 Quiet Zone Project No. ST2007-03
(Ward 3).
Councilmember Bolkcom said in the agenda, it mentions that funding will be provided by the
City's MSAS account, and the City is requesting Anoka County participation. In Dr. Burn's
original breakdown he mentions $11,400. She asked if they are pretty clear that money is
coming from Anoka County.
James Kosluchar, Public Works Director, replied Anoka County weighted that information
based on the bids received. Staff is going to be providing that, and they will have an
understanding that they have discussed this already. There is no written agreement at this point,
but that is the next step.
Councilmember Bolkcom asked if they can start this project before they have heard back from
the rail authority.
Mr. Kosluchar replied they are in that process. They have not heard anything that is going to be
a stumbling block at this point. The contractor is going to be required to permit with BNSF. The
FRIDLEY CITY COUNCIL MEETING OF JULY 14, 2008 PAGE 7
only comments the City has received from the Rail Authority have been basically clarifications,
and the City has come out fine on those.
Councilmember Bolkcom asked how many days we had from the time we made the
application.
Mr. Kosluchar said he believed it was 60 days. We will be coming up to that probably in the
next 15 to 25 days.
Councilmember Bolkcom asked if they anticipated any problems with traffic.
Mr. Kosluchar said he thought the specifications are written so that the contractor is not allowed
to fully close the roadways, and there is an item for traffic control.
Councilmember Bolkcom asked how long it will take to complete.
Mr. Kosluchar replied about 30 days from start to finish.
Mr. Saefke asked if this included the 77th Avenue. He asked if they would be tearing both up at
the same time or if people could use 77th Avenue as a detour for a while.
Mr. Kosluchar said he had not see a schedule from the contractor; but he believed that was
going to be the case. He thought they would probably do the concrete work together on both.
Mr. Saefke said one of his concerns is for emergency vehicles as there are a limited number of
crossings to get to East River Road.
Mr. Kosluchar replied, they will make sure and discuss that with the contractor.
Joan Olson, 6320 Van Buren NE, said she thought the project was a waste of City money. She
thinks it is another case of the government bailing out people because people did not do their
homework when they bought houses near the tracks. She is worried that the City is going to get
held liable if anybody gets killed on that intersection.
Councilmember Bolkcom said with the quiet zones there is more safety because right now
someone can go around the crossing arms. Studies have shown they are better and safer. This
will stop more people from going around. There are now between 80 to 100 trains going through
and is not what it has been like for a lot of these people who have been living in the
neighborhoods for many, many years.
Mayor Lund stated it is safer. When the buildup of Fridley occurred 40 to 50 years ago, there
was one-tenth, if that, of the train traffic. The trains have gotten bigger, louder, longer, and more
frequent.
Ms. Olson stated she can think of a lot of ways that the $128,000 could be better spent.
FRIDLEY CITY COUNCIL MEETING OF JULY 14, 2008 PAGE 8
Mayor Lund stated the monies are coming from State aid, and have to be used for transportation
type things. He said it was unusual that the winning bid was 45 percent more than what they
expected.
Mr. Kosluchar said asphalt has been changing dramatically every month. The cost of diesel
fuel also affects every aspect of a job like this.
Mayor Lund asked if he thought the bids that came in were reasonable.
Mr. Kosluchar replied yes.
MOTION by Councilmember Bolkcom to receive the bids and award the contract for the 2008
Quiet Zone Project No. ST2007-03 to Hardrives, Inc. in Rogers, Minnesota, in the amount of
$128,368.75. Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
8. Licenses.
Councilmember Bolkcom stated on the rental licenses, there are 213 properties--180 of them
for renewal in the second quarter in 2008, 28 for the fourth quarter of 2007, and 3 for the third
quarter of 2007. She asked why the 2007 licenses are on the agenda for approval now and asked
for an answer from the Fire Department.
MOTION by Councilmember Bolkcom to approve the licenses as submitted and as on file.
Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
PUBLIC HEARING:
10. Consideration of a Special Use Permit, SP #06-04, by Brent Anderson for BDA
Development Co., to Allow Limited Outdoor Storage in an M-1, Light Industrial
Zoning District, Generally Located at 7600 Highway 65 N.E. (Ward 2) (Continued
January 7, 2008).
MOTION by Councilmember Varichak to remove this item from the table. Seconded by
Councilmember Barnette.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE ITEM
REMOVED FROM THE TABLE AT 8:18 P.M.
Mr. Hickok stated a special use permit was approved on this property for outdoor storage, but
there were several stipulations attached. At the January 7, 2008, meeting Council instructed Mr.
FRIDLEY CITY COUNCIL MEETING OF JULY 14, 2008 PAGE 9
Anderson to have all the outdoor storage issues, including equipment, materials and vehicles to
be stored under a roof structure or removed from the site by February 15. By February 15 they
had everything taken care of. The site remains free from outdoor storage. At the 7anuary 7
Council meeting Council also directed Mr. Anderson to have his lean-to structure for screening
of materials constructed by July 1 of this year. They may recall that Mr. Anderson stated he
wanted to retain the opportunity to have outdoor storage because his largest tenant in the
building would be leaving and he wanted to advertise the building as having outdoor storage
opportunities. Staff recommends that Council revoke Special Use Permit, SP #06-04, for BDA
Development that would allow limited outdoor storage. If the petitioner would like to have
outdoor storage on the site in the future, City staff and Council would have to evaluate a new
special use permit at that time. The petitioner was aware both by virtue of being here and having
the date set the last time this was before Council. Stacy Stromberg did contact his office to let
him know that we would be back before the Council this evening and this was our
recommendation, and we have heard nothing from petitioner.
Councilmember Varichak asked if they revoke this, they are saying he does not have to build
the screen because there is no outdoor storage. If it does come back that he does want to do the
outdoor storage, he will have to provide the screening at that time and reapply for a new permit,
correct?
Mr. Hickok replied, that is correct.
Councilmember Bolkcom asked if he would be receiving a letter saying that we have revoked
the special use permit; and if he wants tenants with outdoor storage he has to come back before
us.
Mr. Hickok stated the item is not closed until they have received their action letter that indicates
what Council's action was and for what reason.
MOTION by Councilmember Barnette to close the public hearing. Seconded by
Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
PUBLIC HEARING CLOSED AT 8:25 P.M.
OLD BUSINESS:
11. Resolution Revoking Special Use Permit, SP #06-04, for BDA Development to Allow
Limited Outdoor Storage in an M-1 Zoning District, Generally Located at 7600
Highway 65 N.E. (Ward 2) (Tabled January 7, 2008).
MOTION by Councilmember Varichak to adopt Resolution No. 2008-28. Seconded by
Councilmember Bolkcom.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
FRIDLEY CITY COUNCIL MEETING OF JULY 14, 2008 PAGE 10
NEW BUSINESS:
12. First Reading of an Ordinance Under Section 12.06 of the Fridley City Charter
Declaring Certain Real Estate to be Surplus and Authorizing the Sale Thereof
(Generally Located on Springbrook Creek Near the Intersection of Broad Avenue
and 79t'' Way) (Ward 3).
Scott Hickok, Community Development Director, stated they met with both property owners.
The original petitioner, Justin Chapweske, indicated that he would be buying three of the lots;
and Mr. LaGesse and his wife would be buying the two lots to the west. The City has agreed to
the terms and a survey is under way.
Mayor Lund asked once they declare this as excess property and the two parties go ahead, what
happens if one of them decides they cannot afford it? If he recalls correctly from their
discussion, they are declaring all of the property excess.
Mr. Hickok said all indications are that it will proceed.
MOTION by Councilmember Bolkcom to waive the reading of the ordinance and adopt the
ordinance on first reading. Seconded by Councilmember Saefke.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MOTION CARRIED UNANIMOUSLY.
13. Informal Status Reports.
None.
ADJOURN.
MOTION by Councilmember Barnette to adjourn. Seconded by Councilmember Varichak.
UPON A VOICE VOTE, ALL VOTING AYE, MAYOR LUND DECLARED THE
MEETING ADJOURNED AT 8:35 P.M.
Respectfully submitted by,
Denise M. Johnson Scott J. Lund
Recording Secretary Mayor
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FRIDLEY
Date:
To:
From:
Subj ect:
AGENDA ITEM
CITY COUNCIL MEETING OF JULY 28, 2008
7uly 17, 2008
William Burns, City Manager
Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Second Reading of Ordinance Declaring Property Excess and Authorizing Sale
Background
On June 23, 2008, the City Council closed a public hearing regarding the disposition of land owned by the
City along Springbrook Creek in the Riverview Heights area. A first reading of the attached ordinance was
held at the July 14 City Council meeting. The land is comprised of five 25' x 110' lots and is legally
described as Lots 4 through 8, inclusive, of Block M, Riverview Heights. Two adjoining property owners
voiced interest at the hearing regarding purchasing the land from the City to combine with their existing
property.
Staff has ordered the land surveyed per our discussions with the adjoining properiy owners, who intend to
purchase this undeveloped land from the City. Staff will not proceed, however, with the drafting of drainage
easement documents and purchase agreements until the City Council has approved the sale of the land by
ordinance. Staff intends to file a drainage easement across the entire area of all five lots to allow the City
access along Springbrook Creek. The purchase agreements will be written so that all surveying, closing, and
easement filing costs are borne by the purchasers of this property.
Recommendation
Staff recommends that the City Council hold the second reading of the attached ordinance on July 28, which
describes the distribution of land as desired by the adjoining property owners.
ORDINANCE NO.
AN ORDINANCE UNDER SECTION 12.06 OF THE CITY CHARTER DECLARING
CERTAIN REAL ESTATE TO BE SURPLUS AND AUTHORIZING THE SALE
THEREOF.
SECTION 1. The City of Fridley is the fee owner of the tract of land within the City of
Fridley, Anoka County, State of Minnesota, described as follows:
Lots 4 through 8, inclusive, of Block M, Riverview Heights, as
recorded in the office of the Anoka County Recorder and subject
to an easement of record
SECTION 2. It is hereby determined by the City Council that the City no longer has
any reason to continue to own said property, and the City Council is
hereby authorized to transfer Lots 7 and 8, inclusive, of Block M,
Riverview Heights to Garland C. Lagesse, Jr. and Jane M. Lagesse of
7951 Broad Avenue and Lots 4 through 6, inclusive, of Block M,
Riverview Heights to Justin F. and Natalie J. Chapweske of 530 Dover
Street NE, Fridley, MN for disposal.
SECTION 3. The Mayor and City Clerk are hereby authorized to sign the necessary
contracts and deeds to affect the transfer of the above-described real
estate.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF
FRIDLEY THIS DAY OF , 2008.
SCOTT J. LUND — MAYOR
ATTEST:
DEBRA A. SKOGEN — CITY CLERK
Public Hearing: June 23, 2008
First Reading: July 14, 2008
Second Reading: July 28, 2008
Publication: August 7, 2008
PLANNING COMMISSION MEETING
July 16, 2008
Chairperson Savage called the Planning Commission Meeting to order at 7:03 p.m.
MEMBERS PRESENT
MEMBERS ABSENT:
OTHERS PRESENT:
David Kondrick, Diane Savage, Dean Saba, and Brad
Sielaff
Jack Velin, Brad Dunham, and Leroy Oquist
Stacy Stromberg, City Planner
Warren & Gerry Stock, Stock Roofing Company
APPROVAL OF PLANNING COMMISSION MEETING MINUTES:
June 18, 20008
MOTION by Commissioner Kondrick to approve the minutes as presented. Seconded
by Commissioner Sielaff
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE
DECLARED THE MOTION CARRIED UNANIMOUSLY.
1. PUBLIC HEARING
Consideration of a Special Use Permit, SP #08-10, by Stock Roofing Co.,
LLC, on behalf of Warren Stock, to allow limited outside storage on the
property, generally located at 7701-7741 Main Street.
MOTION by Commissioner Kondrick to open the public hearing. Seconded by
Commissioner Saba
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE
DECLARED THE MOTION CARRIED AND THE HEARING OPENED AT
7:05 P.M.
Stacy Stromberg, City Planner, stated the petitioner, Warren Stock, of Stock Roofing
Company LLC, is seeking a special use permit to allow limited outdoor storage for his
roofing business at 7701 Main St. NE. The petitioner is requesting to store the service
trucks and trailers which are required for his business in a 48 ft. by 128 ft. enclosed
storage area. The petitioner has stated that the enclosed storage area is needed for his
service trucks and trailers to prevent them from being broken into.
Ms. Stromberg stated the petitioner also leases a portion of the building to two other
businesses. The businesses are J&L Limo Service and A&K Auto. However, the
outdoor storage area will be specifically for the Stock Roofing business.
Ms. Stromberg stated the property is zoned M-2, Heavy Industrial as are the surrounding
properties to the north and east. The property to the west is zoned S-3 Heavy Industrial
Onaway Addition. The property to the south is zoned as M-1, Light Industrial. It is
located on the corner of 77th Avenue and Main Street. The property was developed in
1972, with a 10,200 square foot building. In 1980 a 9,000 square foot addition was
constructed.
Ms. Stromberg stated City Code allows limited outdoor storage in the industrial districts
that is up to 50% of the building footprint with a special use permit. The buildings square
footage is 19,200 square feet, so City code would allow up to 9,600 sq. ft. of outdoor
storage on this site. The petitioner has constructed a 48 ft. by 128 ft. (6,144 sq. ft.)
fenced in area in the side yard of the property to allow for the storage of service trucks
and trailers used for the business. This 6,144 sq. ft. outdoor storage area is 36% of the
allowable outdoor storage space allowed for this property.
Ms. Stromberg stated before the special use permit can be issued, several additional
requirements need to be met. Those specific requirements relate to height, screening,
parking, and the types of materials allowed to be stored outside. City code requires that
the existing business have 24 parking stalls based on the breakdown of uses within the
building. The site plan submitted by the petitioner shows 47 parking stalls. Therefore, the
property is in compliance with meeting the parking requirements.
Ms. Stromberg stated the petitioner has already enclosed the outdoor storage area with
an industrial grade chain-link fence. The fence along the south side has screening slats in
it to provide the necessary screening from the public right-of-way. The petitioner will
need to ensure that the screening gate is always closed when not in use to ensure proper
screening on the outdoor storage area. The proposed site plan meets all other code
requirements.
Ms. Stromberg stated City Staff recommends approval of this special use permit, with
stipulations as limited outdoor storage is a permitted special use in the M-2, Heavy
Industrial zoning district, provided specific code requirements are met, subject to
stipulations.
Ms. Stromberg stated staff recommends that if the special use permit is granted, the
following stipulations be attached:
1. No outdoor storage other than the existing enclosed area shall exist on the site
without an additional special use permit being approved.
2. If any items other than the service trucks and trailers are stored in the enclosed
area, the petitioner shall receive approval for those items from the Fire Marshal.
Chairperson Savage asked if staff has heard any comments from neighbors?
Ms. Stromberg replied, no, she has not.
Chairperson Savage asked the petitioner whether he had any problems with the
stipulations or anything to add?
Warren Stock, petitioner, replied, no.
Commissioner Kondrick stated he drives by this business often. It is a nice looking
piece of property and is well taken care of.
MOTION by Commissioner Saba to close the public hearing. Seconded by
Commissioner Kondrick
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE
DECLARED THE MOTION CARRIED AND THE HEARING CLOSED AT
7:10 P.M.
Chairperson Kondrick stated he had no problem with this.
Chairperson Saba stated he has no problem with this.
Chairperson Savage stated she drove by this property for the first time, and she thought
it was a very nicely kept property. Since the chain link fence is already there, she doesn't
think there will be any problem with visibility by the neighbor. She would have no
problem approving this.
MOTION by Commissioner Kondrick approving Special Use Permit, SP #08-10, by
Stock, Roofing Co., LLC, on behalf of Warren Stock, to allow limited outside storage on
the property, generally located at 7701-7741 Main Street with the following stipulations:
1. No outdoor storage other than the existing enclosed area shall exist on the site
without an additional special use permit being approved.
2. If any items other than the service trucks and trailers are stored in the enclosed
area, the petitioner shall receive approval for those items from the Fire
Marshal.
Seconded by Commissioner Sielaff.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE
DECLARED THE MOTION CARRIED UNANIMOUSLY.
Chairperson Savage stated this will go before City Council on July 28 at 7:30 p.m.
2. Receive the Minutes of the June 11, 2008, Appeals Commission Meeting.
MOTION by Commissioner Sielaff to receive the Minutes. Seconded by Commissioner
Kondrick.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE
DECLARED THE MOTION CARRIED UNANIMOUSLY.
OTHER BUSINESS:
Ms. Stromberg introduced Kevin Knock who is one of the summer interns for the
Planning Department. They have been working on doing systematic code enforcement
and have gone through all residential districts to see if there are any violations. He is
currently a senior at St. Cloud State, maj oring in Planning.
Ms. Stromberg stated she has a couple updates on City Council actions. A variance was
approved for Miller Funeral Home to allow the construction of an addition to the north
side of the building and a canopy addition on the south side. A special use permit was
approved to allow a dog/cat grooming business at 6501 Central Avenue.
Ms. Stromberg stated the August 6, 2008 meeting has been cancelled.
ADJOURN
MOTION by Commissioner Kondrick adjourning the meeting. Seconded by
Commissioner Saba.
UPON A VOICE VOTE, ALL VOTING AYE, CHAIRPERSON SAVAGE
DECLARED THE MOTION CARRIED UNAMOUSLY AND THE MEETING
ADJOURNED AT 7:13 P.M.
Respectfully submitted,
Denise M. Johnson
Recording Secretary
�
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CffY OF
FRIaLEI'
Date
To
AGENDA ITEM
CITY COUNCIL MEETING OF JULY 28, 2008
July 22, 2008
Wlliam Burns, City Manager
From: Scott Hickok, Community Development Director
Julie Jones, Planning Manager
Stacy Stromberg, Planner
Subject: Special Use Permit Request, SP #08-10, Stock Roofing Co.
M-08-19
INTRODUCTION
The petitioner, Warren Stock, of Stock Roofing Company LLC, is seeking a special use permit
to allow limited outdoor storage for his roofing business at 7701 Main St. NE. The petitioner is
requesting to store the service trucks and trailers which are required for his business in a 48 ft.
by 128 ft. enclosed storage area. The petitioner has stated that the enclosed storage area is
needed for his service trucks and trailers to prevent them from being broken into.
City Code allows limited outdoor storage in the industrial districts that is up to 50% of the
building footprint with a special use permit. The buildings square footage is 19,200 square feet,
so City code would allow up to 9,600 sq. ft. of outdoor storage on this site. The petitioner has
constructed a 48 ft. by 128 ft. (6,144 sq. ft.) fenced in area in the side yard of the property to
allow for the storage of service trucks and trailers used for the business. This 6,144 sq. ft.
outdoor storage area is 36% of the allowable outdoor storage space allowed for this property.
The petitioner has already enclosed the outdoor storage area with an industrial grade chain-link
fence. The fence along the south side has screening slats in it to provide the necessary
screening from the public right-of-way. The petitioner will need to ensure that the screening
gate is always closed when not in use to ensure proper screening on the outdoor storage area.
PLANNING COMMISSION RECOMMENDATION
At the July 16, 2008, Planning Commission meeting, a public hearing was held for SP #08-10.
After a brief discussion, the Planning Commission recommended approval of special use permit,
SP #08-10, with the stipulations as presented by staff.
THE MOTION CARRIED UNANIMOUSLY.
FURTHER PLANNING STAFF REVIEW AND RECOMMENDATION
After further review after the Planning Commission meeting, staff has determined that the
petitioner will need to screen the outdoor storage area from both the north and east views. As
stated in the staff report the gate to the outdoor storage area is currently screened with vinyl
slats, however in order to ensure that the outdoor storage area isn't visible from any public right-
of-way, both the north and east sides will need to be screened as well. While staff was out on
site we noticed that there were a few junk vehicles on the site that weren't there at earlier
inspections. As a result, staff would stipulate that all vehicles stored on site be licensed and
operable and the junk vehicles need to be removed.
As a result of Planning staff's further review of this special use permit, staff would recommend
that the City Council approve the special use permit, with the following four stipulations.
STIPULATIONS
1. No outdoor storage other than the existing enclosed area shall exist on the site without
an additional special use permit being approved.
2. If any items other than the service trucks and trailers are stored in the enclosed area, the
petitioner shall receive approval for those items from the Fire Marshal.
3. The petitioner shall screen the north and east sides of the outdoor storage area with
screening slats.
4. The subject property shall remain free of junk and inoperable vehicles.
City of Fridley Land Use Application
SP #08-10 July 16, 2008
GENERAL INFORMATION
Applicant:
Stock Roofing Company LLC
Warren Stock
7731 Main Street NE
Fridley MN 55432
Requested Action:
Special Use Permit to allow limited
outdoor storage of materials in an M-2,
Heavy Industrial zoning district.
Existing Zoning:
M-2 (Heavy Industrial)
Location:
7701 Main St. NE
Size:
62,688 sq. ft. 1.44 acres
Existing Land Use:
Industrial
Surrounding Land Use & Zoning:
N: Industrial & M-2
E: Industrial & M-2
S: Industrial & M-1
W: Industrial & S-3
Comprehensive Plan Conformance:
Consistent with Plan
Zoning Ordinance Conformance:
Sec. 205.18.01.C.12 requires a special
use permit to allow limited outdoor
storage.
Zoning History:
1972 — Lot is platted
1972 — Existing building is constructed.
1980 — Addition is constructed.
1984 — Building is remodeled.
Legal Description of Property:
Lot 5, Block 3, East Ranch Estates
Second Addition, subject to easement of
record.
Public Utilities:
Building is connected.
Transportation:
The property is accessed from Main
Street NE and 77th Avenue NE.
Physical Characteristics:
Building, hard surface and parking areas
and landscapina.
SPECIAL INFORMATION
SU M MARY OF PROJECT
The petitioner, Mr. Stock is seeking a special
use permit to allow limited outdoor storage of
service trucks and trailers within a fenced in
area in the side yard of the property located at
7701 Main Street NE.
SU M MARY OF ANALYSIS
City Staff recommends approval of this special
use permit, with stipulations.
Limited outdoor storage is a permitted special
use in the M-2, Heavy Industrial zoning district,
provided specific code requirements are met,
subject to stipulations.
CITY COUNCIL ACTION/ 60 DAY DATE
City Council — July 28, 2008
60 Day — August 11, 2008
Enclosed Outdoor Storage Area
Staff Report Prepared by: Kevin Knock and
Stacy Stromberg
SP #08-10
REQUEST
The petitioner, Warren Stock, of Stock Roofing Company LLC, is seeking a special use permit
to allow limited outdoor storage for his roofing business at 7701 Main St. NE. The petitioner is
requesting to store the service trucks and trailers which are required for his business in a 48 ft.
by 128 ft. enclosed storage area. The petitioner has stated that the enclosed storage area is
needed for his service trucks and trailers to prevent them from being broken into.
The petitioner also leases a portion of the building to two other businesses. The businesses are
J&L Limo Service and A&K Auto. However, the outdoor storage area will be specifically for the
Stock Roofing business.
HISTORY AND ANALYSIS
The property is zoned M-2, Heavy Industrial as
are the surrounding properties to the north and
east. The property to the west is zoned S-3
Heavy Industrial Onaway Addition. The property
to the south is zoned as M-1, Light Industrial. It
is located on the corner of 77th Avenue and Main
Street. The property was developed in 1972,
with a 10,200 square foot building. In 1980 a
9,000 square foot addition was constructed.
City Code allows limited outdoor storage in the ��'"'�� I,
industrial districts that is up to 50% of the � I
building footprint with a special use permit. The {5..v �
�, r°
�."""" �` r _` �,.
buildings square footage is 19,200 square feet,
so City code would allow up to 9,600 sq. ft. of --------- ----��.� -- � �—
outdoor storage on this site. The petitioner has '�
constructed a 48 ft. by 128 ft. (6,144 sq. ft.) �} '°{ ���� 4 ��'
fenced in area in the side yard of the property to ��'� �
allow for the storage of service trucks and trailers used for the business. This 6,144 sq. ft.
outdoor storage area is 36% of the allowable outdoor storage space allowed for this property.
Before the special use permit can be issued, several additional requirements need to be met.
Those specific requirements relate to height, screening, parking, and the types of materials
allowed to be stored outside. City code requires that the existing business have 24 parking
stalls based on the breakdown of uses within the building. The site plan submitted by the
petitioner shows 47 parking stalls. Therefore, the property is in compliance with meeting the
parking requirements.
The petitioner has already enclosed the outdoor storage area with an industrial grade chain-link
fence. The fence along the south side has screening slats in it to provide the necessary
screening from the public right-of-way. The petitioner will need to ensure that the screening
gate is always closed when not in use to ensure proper screening on the outdoor storage area.
The proposed site plan meets all other code requirements.
City staff hasn't heard from any neighboring property owners.
RECOMMENDATIONS
City Staff recommends approval of this
special use permit, with stipulations.
Limited outdoor storage is a permitted
special use in the M-2, Heavy Industrial
zoning district, provided specific code
requirements are met, subject to
stipulations.
STIPULATIONS
Staff recommends that if the special use
permit is granted, the following
stipulations be attached.
1. No outdoor storage other than the
existing enclosed area shall exist
on the site without an additional
special use permit being
approved.
2. If any items other than the service
trucks and trailers are stored in the
enclosed area, the petitioner shall
receive approval for those items
from the Fire Marshal.
�
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FRIDLEY
i'�:
FROM.•
SUBJECT.�
DATE:
AGENDA ITEM
COUNCIL MEETING OF JULY 28, 2008
WILLIAM W. BURNS, CITYMANAGER
RICHARD D. PRIBYL, FINANCE DIRECTOR
RESOL UTION PROVIDING FOR THE ISSUANCE OF THE
CITY'S $1, 915, 000 GENERAL OBLIGATION BONDS, SERIES 2008A
July 24, 2008
Attached is the resolution provided to us by our Bond Counsel, Mary Ippel from the firm of Briggs &
Morgan. The resolution is for the sale of $1,915,000 in General Obligation Improvement Bonds. As
you will recall, these bonds are being issued to provide funds for the needed street improvements that
are part of the City's Street Reconstruction Program.
The funds for the repayment of these bonds are being provided by the revenue generated through the
general levy as has been done in the past two years.
As part of the process of issuing these bonds, the City of Fridley is required to undergo a fairly
rigorous financial review process conducted by Moody's Investor Service who acts as our bond
rating agency.
The outcome of the review by Moody's Investor Services, has not been completed as of the writing
of this memo. Staff participated in a rigorous financial review with Moody's this morning and we
feel that the Aa2 rating should be upheld. We will be able to provide more definitive information
when we receive this years report from Moody's on July 25th.
Since the bids are not due until Monday, July 28th, the information from the bidders will not be
available until the evening of the Council Meeting. A representative from Ehlers will be present to
review the results of the bidding process should there be any questions related to the sale.
RDP/me
Attachment
RESOLUTION NO. 2008 -
RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $1,915,000 GENERAL
OBLIGATION IMPROVEMENT BONDS, SERIES 2008A, PLEDGING FOR THE
SECURITY THEREOF SPECIAL ASSESSMENTS AND LEVYING A TAX FOR THE
PAYMENT THEREOF
WHEREAS, the City Council of the City of Fridley, Minnesota (the "City") has heretofore
determined and declared that it is necessary and expedient to issue $1,915,000 General
Obligation Improvement Bonds, Series 2008A (the "Bonds" or individually, a"Bond"), pursuant
to Minnesota Statutes, Chapters 475 and 429 to finance various improvement proj ects within the
City (the "Improvements"); and
WHEREAS, the Improvements and all their components have been ordered prior to the date
hereof, after a hearing thereon for which notice was given describing the Improvements or all
their components by general nature, estimated cost, and area to be assessed; and
WHEREAS, the City has retained Ehlers and Associates, Inc, in Roseville, Minnesota ("Ehlers"),
as its independent financial advisor for the sale of the Bonds and was therefore authorized to sell
the Bonds by private negotiation in accordance with Minnesota Statutes, Section 475.60,
Subdivision 2(9) and proposals to purchase the Bonds have been solicited by Ehlers; and
WHEREAS, the proposals set forth on Exhibit A attached hereto were received by the City
Manager, or designee, at the offices of Ehlers, at 12:00 noon this same day pursuant to the Terms
of Proposal established for the Bonds; and
WHEREAS, it is in the best interests of the City that the Bonds be issued in book-entry form as
hereinafter provided; and
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fridley, Minnesota, as
follows:
Acceptance of Proposal. The proposal of (the
"Purchaser"), to purchase the Bonds in accordance with the Terms of Proposal, at the rates of
interest hereinafter set forth, and to pay therefor the sum of $ , plus interest
accrued to settlement, is hereby found, determined and declared to be the most favorable
proposal received and is hereby accepted, and the Bonds are hereby awarded to the Purchaser.
The Finance Director is directed to retain the deposit of the Purchaser and to forthwith return to
the unsuccessful bidders any good faith checks or drafts.
Bond Terms.
Ori�inal Issue Date; Denominations; Maturities. The Bonds shall be dated August 26, 2008, as
the date of original issue and shall be issued forthwith on or after such date in fully registered
form. The Bonds shall be numbered from R-1 upward in the denomination of $5,000 each or in
any integral multiple thereof of a single maturity (the "Authorized Denominations"). The Bonds
shall mature on February 1 in the years and amounts as follows:
Year Amount Year Amount
2010
2011
2012
2013
2014
2015
2016
2017
2018
2019
All dates are inclusive. As may be requested by the Purchaser, one or more term Bonds may be
issued having mandatory sinking fund redemption and final maturity amounts conforming to the
foregoing principal repayment schedule, and corresponding additions may be made to the
provisions of the applicable Bond(s).
Book Entrv Onlv Svstem. The Depository Trust Company, a limited purpose trust company
organized under the laws of the State of New York or any of its successors or its successors to its
functions hereunder (the "Depository") will act as securities depository for the Bonds, and to this
end:
The Bonds shall be initially issued and, so long as they remain in book entry form only
(the "Book Entry Only Period"), shall at all times be in the form of a separate single fully
registered Bond for each maturity of the Bonds; and for purposes of complying with this
requirement under paragraphs 5 and 10 Authorized Denominations for any Bond shall be
deemed to be limited during the Book Entry Only Period to the outstanding principal
amount of that Bond.
Upon initial issuance, ownership of the Bonds shall be registered in a bond register
maintained by the Bond Registrar (as hereinafter defined) in the name of CEDE & CO, as
the nominee (it or any nominee of the existing or a successor Depository, the
"Nominee").
aao�aai�i
With respect to the Bonds neither the City nor the Bond Registrar shall have any
responsibility or obligation to any broker, dealer, bank, or any other financial institution
for which the Depository holds Bonds as securities depository (the "Participant") or the
person for which a Participant holds an interest in the Bonds shown on the books and
records of the Participant (the "Beneficial Owner"). Without limiting the immediately
preceding sentence, neither the City, nor the Bond Registrar, shall have any such
responsibility or obligation with respect to (A) the accuracy of the records of the
Depository, the Nominee or any Participant with respect to any ownership interest in the
Bonds, or (B) the delivery to any Participant, any Owner or any other person, other than
the Depository, of any notice with respect to the Bonds, including any notice of
redemption, or (C) the payment to any Participant, any Beneficial Owner or any other
person, other than the Depository, of any amount with respect to the principal of or
premium, if any, or interest on the Bonds, or (D) the consent given or other action taken
by the Depository as the Registered Holder of any Bonds (the "Holder"). For purposes of
securing the vote or consent of any Holder under this Resolution, the City may, however,
rely upon an omnibus proxy under which the Depository assigns its consenting or voting
rights to certain Participants to whose accounts the Bonds are credited on the record date
identified in a listing attached to the omnibus proxy.
The City and the Bond Registrar may treat as and deem the Depository to be the absolute
owner of the Bonds for the purpose of payment of the principal of and premium, if any,
and interest on the Bonds, for the purpose of giving notices of redemption and other
matters with respect to the Bonds, for the purpose of obtaining any consent or other
action to be taken by Holders for the purpose of registering transfers with respect to such
Bonds, and for all purpose whatsoever. The Bond Registrar, as paying agent hereunder,
shall pay all principal of and premium, if any, and interest on the Bonds only to the
Holder or the Holders of the Bonds as shown on the bond register, and all such payments
shall be valid and effective to fully satisfy and discharge the City's obligations with
respect to the principal of and premium, if any, and interest on the Bonds to the extent of
the sum or sums so paid.
Upon delivery by the Depository to the Bond Registrar of written notice to the effect that
the Depository has determined to substitute a new Nominee in place of the existing
Nominee, and subj ect to the transfer provisions in paragraph 10, references to the
Nominee hereunder shall refer to such new Nominee.
So long as any Bond is registered in the name of a Nominee, all payments with respect to
the principal of and premium, if any, and interest on such Bond and all notices with
respect to such Bond shall be made and given, respectively, by the Bond Registrar or
City, as the case may be, to the Depository as provided in the Letter of Representations to
the Depository required by the Depository as a condition to its acting as book-entry
Depository for the Bonds (said Letter of Representations, together with any replacement
thereof or amendment or substitute thereto, including any standard procedures or policies
referenced therein or applicable thereto respecting the procedures and other matters
relating to the Depository's role as book-entry Depository for the Bonds, collectively
hereinafter referred to as the "Letter of Representations").
aao�aai�i
All transfers of beneficial ownership interests in each Bond issued in book-entry form
shall be limited in principal amount to Authorized Denominations and shall be effected
by procedures by the Depository with the Participants for recording and transferring the
ownership of beneficial interests in such Bonds.
In connection with any notice or other communication to be provided to the Holders
pursuant to this Resolution by the City or Bond Registrar with respect to any consent or
other action to be taken by Holders, the Depository shall consider the date of receipt of
notice requesting such consent or other action as the record date for such consent or other
action; provided, that the City or the Bond Registrar may establish a special record date
for such consent or other action. The City or the Bond Registrar shall, to the extent
possible, give the Depository notice of such special record date not less than fifteen
calendar days in advance of such special record date to the extent possible.
Any successor Bond Registrar in its written acceptance of its duties under this Resolution
and any paying agency/bond registrar agreement, shall agree to take any actions
necessary from time to time to comply with the requirements of the Letter of
Representations.
In the case of a partial prepayment of a Bond, the Holder may, in lieu of surrendering the
Bonds for a Bond of a lesser denomination as provided in paragraph 5, make a notation
of the reduction in principal amount on the panel provided on the Bond stating the
amount so redeemed.
Termination of Book-Entrv Onlv Svstem. Discontinuance of a particular Depository's services
and termination of the book-entry only system may be effected as follows:
The Depository may determine to discontinue providing its services with respect to the
Bonds at any time by giving written notice to the City and discharging its responsibilities
with respect thereto under applicable law. The City may terminate the services of the
Depository with respect to the Bond if it determines that the Depository is no longer able
to carry out its functions as securities depository or the continuation of the system of
book-entry transfers through the Depository is not in the best interests of the City or the
Beneficial Owners.
Upon termination of the services of the Depository as provided in the preceding
paragraph, and if no substitute securities depository is willing to undertake the functions
of the Depository hereunder can be found which, in the opinion of the City, is willing and
able to assume such functions upon reasonable or customary terms, or if the City
determines that it is in the best interests of the City or the Beneficial Owners of the Bond
that the Beneficial Owners be able to obtain certificates for the Bonds, the Bonds shall no
longer be registered as being registered in the bond register in the name of the Nominee,
but may be registered in whatever name or names the Holder of the Bonds shall designate
at that time, in accordance with paragraph 10. To the extent that the Beneficial Owners
are designated as the transferee by the Holders, in accordance with paragraph 10, the
Bonds will be delivered to the Beneficial Owners.
aao�aai�i
Nothing in this subparagraph (d) shall limit or restrict the provisions of paragraph 10.
Letter of Representations. The provisions in the Letter of Representations are incorporated
herein by reference and made a part of the resolution, and if and to the extent any such
provisions are inconsistent with the other provisions of this resolution, the provisions in the
Letter of Representations shall control.
Purpose. The Bonds shall provide funds to finance the Improvements. The total cost of the
Improvements, which shall include all costs enumerated in Minnesota Statutes, Section 475.65,
is estimated to be at least equal to the amount of the Bonds. Work on the Improvements shall
proceed with due diligence to completion. The City covenants that it shall do all things and
perform all acts required of it to assure that work on the Improvements proceeds with due
diligence to completion and that any and all permits and studies required under law for the
Improvements are obtained.
Interest. The Bonds shall bear interest payable semiannually on February 1 and August 1 of each
year (each, an "Interest Payment Date"), commencing February 1, 2009, calculated on the basis
of a 360-day year of twelve 30-day months, at the respective rates per annum set forth opposite
the maturity years as follows:
Maturitv Year Interest Rate Maturitv Year Interest Rate
2010
2011
2012
2013
2014
2015
2016
2017
2018
2019
Redemption. All Bonds maturing on February 1, 2018, and thereafter, shall be subject to
redemption and prepayment at the option of the City on February 1, 2017, and on any date
thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the
Bonds subject to prepayment. If redemption is in part, the selection of the amounts and
maturities of the Bonds to be prepaid shall be at the discretion of the City; and if only part of the
Bonds having a common maturity date are called for prepayment, the specific Bonds to be
prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for
redemption shall be due and payable on the redemption date, and interest thereon shall cease to
accrue from and after the redemption date. Mailed notice of redemption shall be given to the
paying agent and to each affected registered holder of the Bonds at least thirty days prior to the
date fixed for redemption.
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To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar
prior to giving notice of redemption shall assign to each Bond having a common maturity date a
distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar
shall then select by lot, using such method of selection as it shall deem proper in its discretion,
from the numbers so assigned to such Bonds, as many numbers as, at $5,000 for each number,
shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall
be the Bonds to which were assigned numbers so selected; provided, however, that only so much
of the principal amount of each such Bond of a denomination of more than $5,000 shall be
redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be
redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the City or Bond
Registrar so requires, a written instrument of transfer in form satisfactory to the City and Bond
Registrar duly executed by the Holder thereof or the Holder's attorney duly authorized in
writing) and the City shall execute (if necessary) and the Bond Registrar shall authenticate and
deliver to the Holder of the Bond, without service charge, a new Bond or Bonds having the same
stated maturity and interest rate and of any Authorized Denomination or Denominations, as
requested by the Holder, in aggregate principal amount equal to and in exchange for the
unredeemed portion of the principal of the Bond so surrendered.
Bond Re�istrar. Bond Trust Services Corporation, in Roseville, Minnesota, is appointed to act as
bond registrar and transfer agent with respect to the Bonds (the "Bond Registrar"), and shall do
so unless and until a successor Bond Registrar is duly appointed, all pursuant to any contract the
City and Bond Registrar shall execute which is consistent herewith. The Bond Registrar shall
also serve as paying agent unless and until a successor paying agent is duly appointed. Principal
and interest on the Bonds shall be paid to the registered holders (or record holders) of the Bonds
in the manner set forth in the form of Bond and paragraph 12.
Form of Bond. The Bonds, together with the Bond Registrar's Certificate of Authentication, the
form of Assignment and the registration information thereon, shall be in substantially the
following form:
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I�
UNITED STATES OF AMERICA
STATE OF MINNESOTA
ANOKA COUNTY
CITY OF FRIDLEY
$
GENERAL OBLIGATION IMPROVEMENT BOND, SERIES 2008A
Interest Rate Maturitv Date Date of Ori�inal Issue CUSIP
February 1, August 26, 2008
REGISTERED OWNER: CEDE & CO.
PRINCIPAL AMOUNT:
The City of Fridley, Anoka County, Minnesota (the "Issuer"), certifies that it is indebted and for
value received promises to pay to the registered owner specified above, or registered assigns,
unless called for earlier redemption, in the manner hereinafter set forth, the principal amount
specified above, on the maturity date specified above, and to pay interest thereon semiannually
on February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing
February 1, 2009, at the rate per annum specified above (calculated on the basis of a 360-day
year of twelve 30-day months) until the principal sum is paid or has been provided for. This
Bond will bear interest from the most recent Interest Payment Date to which interest has been
paid or, if no interest has been paid, from the date of original issue hereo£ The principal of and
premium, if any, on this Bond are payable upon presentation and surrender hereof at the Bond
Trust Services Corporation, in Roseville, Minnesota (the "Bond Registrar"), acting as paying
agent, or any successor paying agent duly appointed by the Issuer (the "Bond Registrar"), acting
as paying agent, or any successor paying agent duly appointed by the Issuer. Interest on this
Bond will be paid on each Interest Payment Date by check or draft mailed to the person in whose
name this Bond is registered (the "Holder" or "Bondholder") on the registration books of the
Issuer maintained by the Bond Registrar and at the address appearing thereon at the close of
business on the fifteenth day of the calendar month next preceding such Interest Payment Date
(the "Regular Record Date"). Any interest not so timely paid shall cease to be payable to the
person who is the Holder hereof as of the Regular Record Date, and shall be payable to the
person who is the Holder hereof at the close of business on a date (the "Special Record Date")
fixed by the Bond Registrar whenever money becomes available for payment of the defaulted
interest. Notice of the Special Record Date shall be given to Bondholders not less than ten days
prior to the Special Record Date. The principal of and premium, if any, and interest on this Bond
are payable in lawful money of the United States of America. So long as this Bond is registered
in the name of the Depository or its Nominee as provided in the Resolution hereinafter described,
and as those terms are defined therein, payment of principal of, premium, if any, and interest on
this Bond and notice with respect thereto shall be made as provided in the Letter of
Representations, as defined in the Resolution, and surrender of this Bond shall not be required
for payment of the redemption price upon a partial redemption of this Bond. Until termination of
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the book-entry only system pursuant to the Resolution, Bonds may only be registered in the
name of the Depository or its Nominee.
Optional Redemption. All Bonds of this issue (the "Bonds") maturing on February 1, 2018, and
thereafter, are subj ect to redemption and prepayment at the option of the Issuer on February 1,
2017, and on any date thereafter at a price of par plus accrued interest. Redemption may be in
whole or in part of the Bonds subj ect to prepayment. If redemption is in part, the selection of the
amounts and maturities of the Bonds to be prepaid shall be at the discretion of the Issuer; and if
only part of the Bonds having a common maturity date are called for prepayment, the specific
Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof
called for redemption shall be due and payable on the redemption date, and interest thereon shall
cease to accrue from and after the redemption date. Mailed notice of redemption shall be given
to the paying agent and to each affected Holder of the Bonds at least thirty days prior to the date
fixed for redemption.
Selection of Bonds for Redemption; Partial Redemption. To effect a partial redemption of
Bonds having a common maturity date, the Bond Registrar shall assign to each Bond having a
common maturity date a distinctive number for each $5,000 of the principal amount of such
Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall
deem proper in its discretion, from the numbers assigned to the Bonds, as many numbers as, at
$5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The
Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided,
however, that only so much of the principal amount of such Bond of a denomination of more
than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so
selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar
(with, if the Issuer or Bond Registrar so requires, a written instrument of transfer in form
satisfactory to the Issuer and Bond Registrar duly executed by the Holder thereof or the Holder's
attorney duly authorized in writing) and the Issuer shall execute (if necessary) and the Bond
Registrar shall authenticate and deliver to the Holder of the Bond, without service charge, a new
Bond or Bonds having the same stated maturity and interest rate and of any Authorized
Denomination or Denominations, as requested by the Holder, in aggregate principal amount
equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered.
Issuance; Purpose; General Obli a� tion. This Bond is one of an issue in the total principal
amount of $1,915,000, all of like date of original issue and tenor, except as to number, maturity,
interest rate, denomination and redemption privilege, issued pursuant to and in full conformity
with the Home Rule Charter of the City and Constitution and laws of the State of Minnesota and
pursuant to a resolution adopted by the City Council of the Issuer on July 28, 2008 (the
"Resolution"), for the purpose of providing money to finance various improvement proj ects
within the jurisdiction of the Issuer. This Bond is payable out of the General Obligation
Improvement Bonds, Series 2008A Fund of the Issuer. This Bond constitutes a general
obligation of the Issuer, and to provide moneys for the prompt and full payment of its principal,
premium, if any, and interest when the same become due, the full faith and credit and taxing
powers of the Issuer have been and are hereby irrevocably pledged.
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Denominations; Exchan�e; Resolution. The Bonds are issuable solely in fully registered form in
Authorized Denominations (as defined in the Resolution) and are exchangeable for fully
registered Bonds of other Authorized Denominations in equal aggregate principal amounts at the
principal office of the Bond Registrar, but only in the manner and subject to the limitations
provided in the Resolution. Reference is hereby made to the Resolution for a description of the
rights and duties of the Bond Registrar. Copies of the Resolution are on file in the principal
office of the Bond Registrar.
Transfer. This Bond is transferable by the Holder in person or the Holder's attorney duly
authorized in writing at the principal office of the Bond Registrar upon presentation and
surrender hereof to the Bond Registrar, all subject to the terms and conditions provided in the
Resolution and to reasonable regulations of the Issuer contained in any agreement with the Bond
Registrar. Thereupon the Issuer shall execute and the Bond Registrar shall authenticate and
deliver, in exchange for this Bond, one or more new fully registered Bonds in the name of the
transferee (but not registered in blank or to "bearer" or similar designation), of an Authorized
Denomination or Denominations, in aggregate principal amount equal to the principal amount of
this Bond, of the same maturity and bearing interest at the same rate.
Fees upon Transfer or Loss. The Bond Registrar may require payment of a sum sufficient to
cover any tax or other governmental charge payable in connection with the transfer or exchange
of this Bond and any legal or unusual costs regarding transfers and lost Bonds.
Treatment of Re�istered Owners. The Issuer and Bond Registrar may treat the person in whose
name this Bond is registered as the owner hereof for the purpose of receiving payment as herein
provided (except as otherwise provided herein with respect to the Record Date) and for all other
purposes, whether or not this Bond shall be overdue, and neither the Issuer nor the Bond
Registrar shall be affected by notice to the contrary.
Authentication. This Bond shall not be valid or become obligatory for any purpose or be entitled
to any security unless the Certificate of Authentication hereon shall have been executed by the
Bond Registrar.
Qualified Tax-Exempt Obli�ation. This Bond has been designated by the Issuer as a"qualified
tax-exempt obligation" for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986,
as amended.
IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the
Constitution and laws of the State of Minnesota and the Home Rule Charter of the City to be
done, to happen and to be performed, precedent to and in the issuance of this Bond, have been
done, have happened and have been performed, in regular and due form, time and manner as
required by law, and that this Bond, together with all other debts of the Issuer outstanding on the
date of original issue hereof and the date of its issuance and delivery to the original purchaser,
does not exceed any constitutional, statutory or Home Rule Charter limitation of indebtedness.
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PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
28tn DAY OF JULY, 2008.
SCOTT J. LUND — MAYOR
ATTEST:
DEBRA A. SKOGEN — CITY CLERK
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�
�
�ffY �F
FRIDLEY
i'�:
FROM.•
SUBJECT.�
DATE:
AGENDA ITEM
COUNCIL MEETING OF JULY 28, 2008
WILLIAM W. BURNS, CITYMANAGER
RICHARD D. PRIBYL, FINANCE DIRECTOR
RESOL UTION PROVIDING FOR THE ISSUANCE OF THE
CITY'S $3, 725, 000 GENERAL OBLIGATION BONDS, SERIES 2008B
July 24, 2008
Attached is the resolution provided to us by our Bond Counsel, Mary Ippel from the firm of Briggs &
Morgan. The resolution is for the sale of $3,725,000 in General Obligation Improvement Bonds. As
you will recall, these bonds are being issued to provide funds for the needed water maintenance
projects that are part of the City's Capital Improvement Program for the Water Fund. The items that
are being funded by this bond issue have been reviewed with Council in the most recent 2009 Budget
work session. One of the most note worthy items to be repaired, s part of this project, is the water
tower along Highway 65.
The funds for the repayment of these bonds are being provided by the revenue generated by the water
utility operation.
As part of the process of issuing these bonds, the City of Fridley is required to undergo a fairly
rigorous financial review process conducted by Moody's Investor Service who acts as our bond
rating agency.
The outcome of the review by Moody's Investor Services, has not been completed as of the writing
of this memo. Staff participated in a rigorous financial review with Moody's this morning and we
feel that the Aa2 rating should be upheld. We will be able to provide more definitive information
when we receive this years report from Moody's on July 25th.
Since the bids are not due until Monday, July 28th, the information from the bidders will not be
available until the evening of the Council Meeting. A representative from Ehlers will be present to
review the results of the bidding process should there be any questions related to the sale.
RDP/me
Attachment
RESOLUTION NO. 2008 -
RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $3,725,000 GENERAL
OBLIGATION WATER REVENUE BONDS, SERIES 2008B, PLEDGING FOR THE
SECURITY THEREOF SPECIAL ASSESSMENTS AND LEVYING A TAX FOR THE
PAYMENT THEREOF
WHEREAS, the City of Fridley, Minnesota (the "City") owns and operates a municipal water
system as a separate revenue producing public utility (the "System") and the net revenues of the
System are pledged to the payment of the outstanding (i) $1,180,000 original principal amount of
General Obligation Water Revenue Refunding Bonds, Series 1998A, dated May 1, 1998; (ii)
$1,790,000 original principal amount of General Obligation Water Revenue Bonds, Series
2004A, dated March 23, 2004; and (iii) the Water Revenue Refunding Portion of the $1,205,000
original principal amount of General Obligation Refunding Bonds, Series 2004C, dated March
23, 2004 (together, the "Outstanding Bonds");
WHEREAS, the City Council has heretofore determined and declared that it is necessary and
expedient to issue $3,725,000 General Obligation Water Revenue Bonds, Series 2008B (the
"Bonds" or individually, a"Bond"), pursuant to Minnesota Statutes, Chapter 475 and Section
444.075 to finance the 2008 water tower restoration and other improvements to the System (the
"Proj ect"); and
WHEREAS, the City has retained Ehlers and Associates, Inc, in Roseville, Minnesota ("Ehlers"),
as its independent financial advisor for the sale of the Bonds and was therefore authorized to sell
the Bonds by private negotiation in accordance with Minnesota Statutes, Section 475.60,
Subdivision 2(9) and proposals to purchase the Bonds have been solicited by Ehlers; and
WHEREAS, the proposals set forth on Exhibit A attached hereto were received by the City
Manager, or designee, at the offices of Ehlers, at 12:00 noon this same day pursuant to the Terms
of Proposal established for the Bonds; and
WHEREAS, it is in the best interests of the City that the Bonds be issued in book-entry form as
hereinafter provided; and
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fridley, Minnesota, as
follows:
Acceptance of Proposal. The proposal of (the
"Purchaser"), to purchase the Bonds in accordance with the Terms of Proposal, at the rates of
interest hereinafter set forth, and to pay therefor the sum of $ , plus interest
accrued to settlement, is hereby found, determined and declared to be the most favorable
proposal received and is hereby accepted, and the Bonds are hereby awarded to the Purchaser.
The Finance Director is directed to retain the deposit of the Purchaser and to forthwith return to
the unsuccessful bidders any good faith checks or drafts.
Bond Terms.
Ori�inal Issue Date; Denominations; Maturities. The Bonds shall be dated August 26, 2008, as
the date of original issue and shall be issued forthwith on or after such date in fully registered
form. The Bonds shall be numbered from R-1 upward in the denomination of $5,000 each or in
any integral multiple thereof of a single maturity (the "Authorized Denominations"). The Bonds
shall mature on February 1 in the years and amounts as follows:
Year
2009
2010
2011
2012
2013
2014
2015
2016
Amount
Year
2017
2018
2019
2020
2021
2022
2023
Amount
All dates are inclusive. As may be requested by the Purchaser, one or more term Bonds may be
issued having mandatory sinking fund redemption and final maturity amounts conforming to the
foregoing principal repayment schedule, and corresponding additions may be made to the
provisions of the applicable Bond(s).
Book Entrv Onlv Svstem. The Depository Trust Company, a limited purpose trust company
organized under the laws of the State of New York or any of its successors or its successors to its
functions hereunder (the "Depository") will act as securities depository for the Bonds, and to this
end:
The Bonds shall be initially issued and, so long as they remain in book entry form only
(the "Book Entry Only Period"), shall at all times be in the form of a separate single fully
registered Bond for each maturity of the Bonds; and for purposes of complying with this
requirement under paragraphs 5 and 10 Authorized Denominations for any Bond shall be
deemed to be limited during the Book Entry Only Period to the outstanding principal
amount of that Bond.
Upon initial issuance, ownership of the Bonds shall be registered in a bond register
maintained by the Bond Registrar (as hereinafter defined) in the name of CEDE & CO, as
the nominee (it or any nominee of the existing or a successor Depository, the
"Nominee").
With respect to the Bonds neither the City nor the Bond Registrar shall have any
responsibility or obligation to any broker, dealer, bank, or any other financial institution
for which the Depository holds Bonds as securities depository (the "Participant") or the
person for which a Participant holds an interest in the Bonds shown on the books and
records of the Participant (the "Beneficial Owner"). Without limiting the immediately
preceding sentence, neither the City, nor the Bond Registrar, shall have any such
responsibility or obligation with respect to (A) the accuracy of the records of the
Depository, the Nominee or any Participant with respect to any ownership interest in the
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Bonds, or (B) the delivery to any Participant, any Owner or any other person, other than
the Depository, of any notice with respect to the Bonds, including any notice of
redemption, or (C) the payment to any Participant, any Beneficial Owner or any other
person, other than the Depository, of any amount with respect to the principal of or
premium, if any, or interest on the Bonds, or (D) the consent given or other action taken
by the Depository as the Registered Holder of any Bonds (the "Holder"). For purposes of
securing the vote or consent of any Holder under this Resolution, the City may, however,
rely upon an omnibus proxy under which the Depository assigns its consenting or voting
rights to certain Participants to whose accounts the Bonds are credited on the record date
identified in a listing attached to the omnibus proxy.
The City and the Bond Registrar may treat as and deem the Depository to be the absolute
owner of the Bonds for the purpose of payment of the principal of and premium, if any,
and interest on the Bonds, for the purpose of giving notices of redemption and other
matters with respect to the Bonds, for the purpose of obtaining any consent or other
action to be taken by Holders for the purpose of registering transfers with respect to such
Bonds, and for all purpose whatsoever. The Bond Registrar, as paying agent hereunder,
shall pay all principal of and premium, if any, and interest on the Bonds only to the
Holder or the Holders of the Bonds as shown on the bond register, and all such payments
shall be valid and effective to fully satisfy and discharge the City's obligations with
respect to the principal of and premium, if any, and interest on the Bonds to the extent of
the sum or sums so paid.
Upon delivery by the Depository to the Bond Registrar of written notice to the effect that
the Depository has determined to substitute a new Nominee in place of the existing
Nominee, and subj ect to the transfer provisions in paragraph 10, references to the
Nominee hereunder shall refer to such new Nominee.
So long as any Bond is registered in the name of a Nominee, all payments with respect to
the principal of and premium, if any, and interest on such Bond and all notices with
respect to such Bond shall be made and given, respectively, by the Bond Registrar or
City, as the case may be, to the Depository as provided in the Letter of Representations to
the Depository required by the Depository as a condition to its acting as book-entry
Depository for the Bonds (said Letter of Representations, together with any replacement
thereof or amendment or substitute thereto, including any standard procedures or policies
referenced therein or applicable thereto respecting the procedures and other matters
relating to the Depository's role as book-entry Depository for the Bonds, collectively
hereinafter referred to as the "Letter of Representations").
All transfers of beneficial ownership interests in each Bond issued in book-entry form
shall be limited in principal amount to Authorized Denominations and shall be effected
by procedures by the Depository with the Participants for recording and transferring the
ownership of beneficial interests in such Bonds.
In connection with any notice or other communication to be provided to the Holders
pursuant to this Resolution by the City or Bond Registrar with respect to any consent or
other action to be taken by Holders, the Depository shall consider the date of receipt of
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notice requesting such consent or other action as the record date for such consent or other
action; provided, that the City or the Bond Registrar may establish a special record date
for such consent or other action. The City or the Bond Registrar shall, to the extent
possible, give the Depository notice of such special record date not less than fifteen
calendar days in advance of such special record date to the extent possible.
Any successor Bond Registrar in its written acceptance of its duties under this Resolution
and any paying agency/bond registrar agreement, shall agree to take any actions
necessary from time to time to comply with the requirements of the Letter of
Representations.
In the case of a partial prepayment of a Bond, the Holder may, in lieu of surrendering the
Bonds for a Bond of a lesser denomination as provided in paragraph 5, make a notation
of the reduction in principal amount on the panel provided on the Bond stating the
amount so redeemed.
Termination of Book-Entrv Onlv Svstem. Discontinuance of a particular Depository's services
and termination of the book-entry only system may be effected as follows:
The Depository may determine to discontinue providing its services with respect to the
Bonds at any time by giving written notice to the City and discharging its responsibilities
with respect thereto under applicable law. The City may terminate the services of the
Depository with respect to the Bond if it determines that the Depository is no longer able
to carry out its functions as securities depository or the continuation of the system of
book-entry transfers through the Depository is not in the best interests of the City or the
Beneficial Owners.
Upon termination of the services of the Depository as provided in the preceding
paragraph, and if no substitute securities depository is willing to undertake the functions
of the Depository hereunder can be found which, in the opinion of the City, is willing and
able to assume such functions upon reasonable or customary terms, or if the City
determines that it is in the best interests of the City or the Beneficial Owners of the Bond
that the Beneficial Owners be able to obtain certificates for the Bonds, the Bonds shall no
longer be registered as being registered in the bond register in the name of the Nominee,
but may be registered in whatever name or names the Holder of the Bonds shall designate
at that time, in accordance with paragraph 10. To the extent that the Beneficial Owners
are designated as the transferee by the Holders, in accordance with paragraph 10, the
Bonds will be delivered to the Beneficial Owners.
Nothing in this subparagraph (d) shall limit or restrict the provisions of paragraph 10.
Letter of Representations. The provisions in the Letter of Representations are incorporated
herein by reference and made a part of the resolution, and if and to the extent any such
provisions are inconsistent with the other provisions of this resolution, the provisions in the
Letter of Representations shall control.
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Purpose. The Bonds shall provide funds to finance the Project. The total cost of the Project,
which shall include all costs enumerated in Minnesota Statutes, Section 475.65, is estimated to
be at least equal to the amount of the Bonds. The City covenants that it shall do all things and
perform all acts required of it to assure that work on the Proj ect proceeds with due diligence to
completion and that any and all permits and studies required under law for the Proj ect are
obtained.
Interest. The Bonds shall bear interest payable semiannually on February 1 and August 1 of each
year (each, an "Interest Payment Date"), commencing February 1, 2009, calculated on the basis
of a 360-day year of twelve 30-day months, at the respective rates per annum set forth opposite
the maturity years as follows:
Maturitv Year Interest Rate Maturitv Year Interest Rate
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
2019
2020
2021
2022
2023
Redemption. All Bonds maturing on February 1, 2018, and thereafter, shall be subject to
redemption and prepayment at the option of the City on February 1, 2017, and on any date
thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the
Bonds subject to prepayment. If redemption is in part, the selection of the amounts and
maturities of the Bonds to be prepaid shall be at the discretion of the City; and if only part of the
Bonds having a common maturity date are called for prepayment, the specific Bonds to be
prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for
redemption shall be due and payable on the redemption date, and interest thereon shall cease to
accrue from and after the redemption date. Mailed notice of redemption shall be given to the
paying agent and to each affected registered holder of the Bonds at least thirty days prior to the
date fixed for redemption.
To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar
prior to giving notice of redemption shall assign to each Bond having a common maturity date a
distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar
shall then select by lot, using such method of selection as it shall deem proper in its discretion,
from the numbers so assigned to such Bonds, as many numbers as, at $5,000 for each number,
shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall
be the Bonds to which were assigned numbers so selected; provided, however, that only so much
of the principal amount of each such Bond of a denomination of more than $5,000 shall be
redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be
redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the City or Bond
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Registrar so requires, a written instrument of transfer in form satisfactory to the City and Bond
Registrar duly executed by the Holder thereof or the Holder's attorney duly authorized in
writing) and the City shall execute (if necessary) and the Bond Registrar shall authenticate and
deliver to the Holder of the Bond, without service charge, a new Bond or Bonds having the same
stated maturity and interest rate and of any Authorized Denomination or Denominations, as
requested by the Holder, in aggregate principal amount equal to and in exchange for the
unredeemed portion of the principal of the Bond so surrendered.
Bond Re�istrar. Bond Trust Services Corporation, in Roseville, Minnesota, is appointed to act as
bond registrar and transfer agent with respect to the Bonds (the "Bond Registrar"), and shall do
so unless and until a successor Bond Registrar is duly appointed, all pursuant to any contract the
City and Bond Registrar shall execute which is consistent herewith. The Bond Registrar shall
also serve as paying agent unless and until a successor paying agent is duly appointed. Principal
and interest on the Bonds shall be paid to the registered holders (or record holders) of the Bonds
in the manner set forth in the form of Bond and paragraph 12.
Form of Bond. The Bonds, together with the Bond Registrar's Certificate of Authentication, the
form of Assignment and the registration information thereon, shall be in substantially the
following form:
aao�6o4�i
I�
UNITED STATES OF AMERICA
STATE OF MINNESOTA
ANOKA COUNTY
CITY OF FRIDLEY
$
GENERAL OBLIGATION WATER REVENUE BOND, SERIES 2008B
Interest Rate Maturitv Date Date of Ori�inal Issue CUSIP
February 1, August 26, 2008
REGISTERED OWNER: CEDE & CO.
PRINCIPAL AMOUNT:
The City of Fridley, Anoka County, Minnesota (the "Issuer"), certifies that it is indebted and for
value received promises to pay to the registered owner specified above, or registered assigns,
unless called for earlier redemption, in the manner hereinafter set forth, the principal amount
specified above, on the maturity date specified above, and to pay interest thereon semiannually
on February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing
February 1, 2009, at the rate per annum specified above (calculated on the basis of a 360-day
year of twelve 30-day months) until the principal sum is paid or has been provided for. This
Bond will bear interest from the most recent Interest Payment Date to which interest has been
paid or, if no interest has been paid, from the date of original issue hereo£ The principal of and
premium, if any, on this Bond are payable upon presentation and surrender hereof at the Bond
Trust Services Corporation, in Roseville, Minnesota (the "Bond Registrar"), acting as paying
agent, or any successor paying agent duly appointed by the Issuer (the "Bond Registrar"), acting
as paying agent, or any successor paying agent duly appointed by the Issuer. Interest on this
Bond will be paid on each Interest Payment Date by check or draft mailed to the person in whose
name this Bond is registered (the "Holder" or "Bondholder") on the registration books of the
Issuer maintained by the Bond Registrar and at the address appearing thereon at the close of
business on the fifteenth day of the calendar month next preceding such Interest Payment Date
(the "Regular Record Date"). Any interest not so timely paid shall cease to be payable to the
person who is the Holder hereof as of the Regular Record Date, and shall be payable to the
person who is the Holder hereof at the close of business on a date (the "Special Record Date")
fixed by the Bond Registrar whenever money becomes available for payment of the defaulted
interest. Notice of the Special Record Date shall be given to Bondholders not less than ten days
prior to the Special Record Date. The principal of and premium, if any, and interest on this Bond
are payable in lawful money of the United States of America. So long as this Bond is registered
in the name of the Depository or its Nominee as provided in the Resolution hereinafter described,
and as those terms are defined therein, payment of principal of, premium, if any, and interest on
this Bond and notice with respect thereto shall be made as provided in the Letter of
Representations, as defined in the Resolution, and surrender of this Bond shall not be required
for payment of the redemption price upon a partial redemption of this Bond. Until termination of
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the book-entry only system pursuant to the Resolution, Bonds may only be registered in the
name of the Depository or its Nominee.
Optional Redemption. All Bonds of this issue (the "Bonds") maturing on February 1, 2018, and
thereafter, are subj ect to redemption and prepayment at the option of the Issuer on February 1,
2017, and on any date thereafter at a price of par plus accrued interest. Redemption may be in
whole or in part of the Bonds subj ect to prepayment. If redemption is in part, the selection of the
amounts and maturities of the Bonds to be prepaid shall be at the discretion of the Issuer; and if
only part of the Bonds having a common maturity date are called for prepayment, the specific
Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof
called for redemption shall be due and payable on the redemption date, and interest thereon shall
cease to accrue from and after the redemption date. Mailed notice of redemption shall be given
to the paying agent and to each affected Holder of the Bonds at least thirty days prior to the date
fixed for redemption.
Selection of Bonds for Redemption; Partial Redemption. To effect a partial redemption of
Bonds having a common maturity date, the Bond Registrar shall assign to each Bond having a
common maturity date a distinctive number for each $5,000 of the principal amount of such
Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall
deem proper in its discretion, from the numbers assigned to the Bonds, as many numbers as, at
$5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The
Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided,
however, that only so much of the principal amount of such Bond of a denomination of more
than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so
selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar
(with, if the Issuer or Bond Registrar so requires, a written instrument of transfer in form
satisfactory to the Issuer and Bond Registrar duly executed by the Holder thereof or the Holder's
attorney duly authorized in writing) and the Issuer shall execute (if necessary) and the Bond
Registrar shall authenticate and deliver to the Holder of the Bond, without service charge, a new
Bond or Bonds having the same stated maturity and interest rate and of any Authorized
Denomination or Denominations, as requested by the Holder, in aggregate principal amount
equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered.
Issuance; Purpose; General Obli a� tion. This Bond is one of an issue in the total principal
amount of $3,725,000, all of like date of original issue and tenor, except as to number, maturity,
interest rate, denomination and redemption privilege, issued pursuant to and in full conformity
with the Home Rule Charter of the City and Constitution and laws of the State of Minnesota and
pursuant to a resolution adopted by the City Council of the Issuer on July 28, 2008 (the
"Resolution"), for the purpose of providing money to finance improvements to the municipal
water system (the "System") within the jurisdiction of the Issuer. This Bond is payable out of the
General Obligation Water Revenue Bonds, Series 2008B Fund of the Issuer. This Bond
constitutes a general obligation of the Issuer, and to provide moneys for the prompt and full
payment of its principal, premium, if any, and interest when the same become due, the full faith
and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged.
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Denominations; Exchan�e; Resolution. The Bonds are issuable solely in fully registered form in
Authorized Denominations (as defined in the Resolution) and are exchangeable for fully
registered Bonds of other Authorized Denominations in equal aggregate principal amounts at the
principal office of the Bond Registrar, but only in the manner and subject to the limitations
provided in the Resolution. Reference is hereby made to the Resolution for a description of the
rights and duties of the Bond Registrar. Copies of the Resolution are on file in the principal
office of the Bond Registrar.
Transfer. This Bond is transferable by the Holder in person or the Holder's attorney duly
authorized in writing at the principal office of the Bond Registrar upon presentation and
surrender hereof to the Bond Registrar, all subject to the terms and conditions provided in the
Resolution and to reasonable regulations of the Issuer contained in any agreement with the Bond
Registrar. Thereupon the Issuer shall execute and the Bond Registrar shall authenticate and
deliver, in exchange for this Bond, one or more new fully registered Bonds in the name of the
transferee (but not registered in blank or to "bearer" or similar designation), of an Authorized
Denomination or Denominations, in aggregate principal amount equal to the principal amount of
this Bond, of the same maturity and bearing interest at the same rate.
Fees upon Transfer or Loss. The Bond Registrar may require payment of a sum sufficient to
cover any tax or other governmental charge payable in connection with the transfer or exchange
of this Bond and any legal or unusual costs regarding transfers and lost Bonds.
Treatment of Re�istered Owners. The Issuer and Bond Registrar may treat the person in whose
name this Bond is registered as the owner hereof for the purpose of receiving payment as herein
provided (except as otherwise provided herein with respect to the Record Date) and for all other
purposes, whether or not this Bond shall be overdue, and neither the Issuer nor the Bond
Registrar shall be affected by notice to the contrary.
Authentication. This Bond shall not be valid or become obligatory for any purpose or be entitled
to any security unless the Certificate of Authentication hereon shall have been executed by the
Bond Registrar.
Qualified Tax-Exempt Obli�ation. This Bond has been designated by the Issuer as a"qualified
tax-exempt obligation" for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986,
as amended.
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IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the
Constitution and laws of the State of Minnesota and the Home Rule Charter of the City to be
done, to happen and to be performed, precedent to and in the issuance of this Bond, have been
done, have happened and have been performed, in regular and due form, time and manner as
required by law, that the Issuer has covenanted and agreed with the Holders of the Bonds that it
will impose and collect charges for the service, use and availability of the System at the times
and in amounts necessary to produce net revenues, together with other sums pledged to the
payment of the Bonds, adequate to pay all principal and interest when due on the Bonds; and that
the Issuer will levy a direct, annual, irrepealable ad valorem tax upon all of the taxable property
of the Issuer, without limitation as to rate or amount, for the years and in amounts sufficient to
pay the principal and interest on the Bonds as they respectively become due, if the net revenues
from the System, and any other sums irrevocably appropriated to the Debt Service Account are
insufficient therefor; and that this Bond, together with all other debts of the Issuer outstanding on
the date of original issue hereof and the date of its issuance and delivery to the original
purchaser, does not exceed any constitutional or statutory limitation of indebtedness.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
28Tx DAY OF JULY, 2008.
SCOTT J. LUND — MAYOR
ATTEST:
DEBRA A. SKOGEN — CITY CLERK
aao�6o4�i
�
�
�ffY �F
FRIDLEY
To:
From:
Subj ect:
Date:
AGENDA ITEM
CITY COUNCIL MEETING OF
July 28, 2008
William B. Burns, City Manager
Richard Pribyl, Finance Director
Debra A. Skogen, City Clerk
Resolutions Appointing Election 7udges for the 2008 Two Year Election Cycle
July 22, 2008
The attached resolution appoints election judges for the 2008 two-year election cycle. The election
judges are being appointed without precinct assignments at this time to allow the city more
fle�bility in determining precinct assignments. Election judges receive training which qualifies
them to serve a two year term as an election judge. The election judges being appointed have been
selected from previous work as election judges, lists which have been provided by the political
parties and those individuals who have applied to be an election judge.
RESOLUTION NO. - 2008
RESOLUTION APPOINTING ELECTION JUDGES FOR TI� 2008 PRIMARY AND
GENERAL ELECTIONS
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fridley, Anoka County,
Minnesota, at a regular meeting on July 28, 2008.
SECTION 1. That on the 9th day of September 2008 and the 4t'' day of November, 2008, there shall be a
Statewide Primary and General Election:
SECTION 2. That the polling place will be open from 7:00 a.m. to 8:00 p.m. for the purpose of voting:
SECTION 3: That the following people are hereby appointed to act as Judges for said election except that
the City Clerk is hereby authorized to appoint qualified substitutes as set forth in Chapter 4, Section 4.05 of
the City Charter:
Mary Ackerman
Sammer Ahmad
Eleanor Anderson
Nena Anderson
Linda Backlund
Donna Bahls
Jerold Bahls
Ann Bangen
Stanley Berquist
Rita Binkowski
Margaret Blasingame
Carole Blaska
Betty Bonine
Wilbert Bonine
Linda Borman
Bernadette Bovy
Barbara Brooks
Carol Bunnell
Casimir Burzynski
Kathleen Burzynski
Robert Bussey
Lisle Cameron
JoAnn Cedarholm
Molly Christian
Mary Colstrom
Jean Coyle
Robert Dahlstrom
Maxine Dammen
Julann Delaney
Dennis Dewing
Janice Dols
Glen Douglas
Patricia Dufresne
Marlys Dunlap
Jill Dutcher
Harold Dwire
Marlene Eidem
Sharry Elias
Lyle Elverud
Arlene Ewer
Donald Falkum
Gloria Falkum
Donald Findell
Lynn Fink
Thomas Forsythe
Patty Galligan
Delores Ginthner
James Glaser
Lana Joy Glaser
Janice Golden
Lynne Grigor
Rosalie Halling
Gretchen Hanson
Oksana Hawryluk
Sally Hellman
7ohn Hildreth
William Holm
Carolyn Holmen
James Holmen
Jane Hosman
Robert Hosman
Teresa Hub
Sharon James
Barbara Johnson
Bonita 7ohnson
David Johnson
Karen Johnson
Rosemary Johnson
Carol Kalan
Irma Kelly
Colleen Joy Kennedy
Mary Kirkwood
Esther Kisch
Debbie Koenen
Ruby Koenen
Janet Kothman
Marlys Kranz
Ted Kranz
Olga Krochalk
Joan Kuehni
Melvin Kuehni
Nina Landt
Dorothy Larson
Jack Larson
Jewel Ann Larson
Judy Lennox
Joan Leonard
Gary Leske
Karen Leske
7eanette Lindquist
Arlene Linton
David Linton
Marlys Lisowski
Loretta Listerud
Natalie Lohmer
Marian Luke
Rose Lundequam
Marilyn Manley
Giles McConville
7oAnne McConville
Joyce McConville
Christopher Menon
Connie Metcalf
Bruce Miller
Jeri Miller
Resolution No.
Deborah Monden
7anet Mondloh
Annabel Monson
Ben Monson
Kristine Moren
Myrtle Morphew
Camilla Mueller
Gwen Nawrocki
Marie Nelsen
Jeanine Nelson
Marjorie Nelson
Richard Nelson
Sandra Nelson
Susan Nelson
Donna Nordin
Susan Okeson
Virgil Okeson
Mardy Olesen
Shirley O'Neill
Marge Otten
Eugene Ouellette
Lois Palmquist
Lillian Paul
Dorothy Pehl
Mary Plant
Leslie Plummer
Peggy Price
Nicole Reinbold
John Renken
Jean Reveling
Faye Rice
Norma Rust
William Rust
Noel Ryan
Delores Sadowski
Beverly Sax
Carol Schaaf
Ruth Schimelpfenig
Constance Schindel
Lois Scholzen
Marlene Schonebaum
Tom Schonebaum
7udy Schultz
Dorothy Sielaff
Helen Skovran
Paul Sleasar
Mary Ann Smerud
Richard Smith
Jon Soule
Christine Spiritwolf
Marlene Steichen
Linda Stipe
Page 2
Kathy Svanda
7anet Swanson
Richard Tinker
Brian Toews
Joanne Toews
Barbara Tollakson
Gerald Tollakson
Lois Tollefson
Eric Torkkola
Marjorie Velishek
7udith Veres
Mary Vesall
7ackie Walther
7ohn Walther
Delores Weaver
7oe Westenfield
Marliss Westenfield
Ann Williams
Jane Susan Wisniewski
Edward Wood
Maureen Woodard
Deborah (Deb) Young
Judy Zerby
Mike Zerby
Maureen Zgutowicz
SECTION 4. Compensation for said Judges will be paid at the rate of $8.75 per hour for regular
Judges and $925 forthe Chairperson ofthe Election Board.
PASSED AND ADOPTED BY TI� CITY COUNCIL OF TI� CITY OF FRIDLEY THIS 28� DAY
OF JULY 2008.
SCOTT J. LUND, MAYOR
ATTEST:
DEBRA A. SKOGEN, CITY CLERK
� AGENDA ITEM
� CITY COUNCIL MEETING OF JULY 28, 2008
�ffY �F
FRIDLEY
To: William W. Burns, City Manager
From: Donovan W. Abbott, Public Safety Director
Chris McClish, Police Officer
Date: July 21, 2008
Re: Safe and Sober Communities Grant Agreement
The Anoka County Sheriff's Office and the Anoka, Blaine, Centennial Lakes, Columbia
Heights, Coon Rapids, Ramsey, Spring Lake Park, Lino Lakes, St. Francis, and Fridley Police
Departments are submitting a joint grant request for $41,800 under the Safe and Sober
Communities Grant Program. The State of Minnesota Department of Public Safety uses this
program to award funds provided by the Federal Office of Traffic Safety to communities for
use in traffic education and enforcement efforts.
The Safe and Sober Communities Grant Program is expected to provide funding to each
community to fund law enforcement officer overtime as they participate in j oint enforcement
efforts. These enforcement efforts will take place on major holiday weekends, will coincide
with high school graduations in Anoka County, and on selected other weekends. The focus of
these enforcement efforts will involve officers from all participating agencies simultaneously
and will coincide with similar efforts throughout the State of Minnesota.
In addition to the enforcement effort, community education through media advertising and
news releases, posters to educate motorists as to the risks and consequences of impaired
driving and failure to utilize seatbelts and passenger restraints will be funded. Each
enforcement weekend will be augmented by a corresponding advertising campaign. The
Coon Rapids Police Department will administer the Safe and Sober grant on behalf of the
participating agencies.
Fridley's share of the Safe and Sober grant is approximately $3,800 and will provide
reimbursement to the City for the salary and benefits of our officers assigned to these
overtime enforcement shifts. Some additional training is required of our officers and the Safe
and Sober grant will provide this training as well. The City of Fridley provides officer time to
attend this training, squad cars, fuel, and related supplies and support to our officers assigned
to the enforcement effort.
Staff recommends Council's approval.
RESOLUTION NO. 2008 -
RESOLUTION AUTHORIZING PARTICIPATION IN THE
SAFE AND SOBER COMMUNITIES GRANT PROGRAM
WHEREAS, the City of Fridley recognizes the importance of the safe and efficient movement
of traffic in and through our community;
WHEREAS, the City of Fridley Police Department works to improve the safe and efficient
movement of traffic through education and enforcement;
WHEREAS, drivers operating motor vehicles under the influence of alcohol and vehicle
occupants not utilizing vehicle safety belts contribute to needless accidents and injury;
WHEREAS, in recognition of the adverse impact on lives and property resulting from impaired
drivers and the non-use of seatbelts, the State of Minnesota, Minnesota Department of Public
Safety, and the Office of Traffic Safety have developed the SAFE AND SOBER Grant Program
to fund traffic safety education and enforcement;
WHEREAS, the municipalities of Anoka, Blaine, Centennial Lakes, Columbia Heights, Coon
Rapids, Lino Lakes, Ramsey, Spring Lake Park, St. Francis, and Fridley desire to cooperatively
participate in the SAFE AND SOBER COMMLTNITIES Grant Program during the year from
October 1, 2008 through September 30, 2009;
NOW, THEREFORE BE IT RESOLVED that the Public Safety Director of the Fridley Police
Department or his designee is hereby authorized to execute such agreements and amendments as
are necessary to implement the proj ect on behalf of the City of Fridley.
BE IT FURTHER RESOLVED that the Coon Rapids Police Department is hereby authorized
to be the fiscal agent and administer this grant on behalf of the City of Fridley Police
Department.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS
28Tx DAY OF JULY, 2008.
SCOTT J. LUND — MAYOR
ATTEST:
DEBRA A. SKOGEN — CITY CLERK
�
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CJTY �F
FRIaLEY
To:
From
Date:
Re:
AGENDA ITEM
CITY COUNCIL MEETING OF JULY 28, 2008
William W. Burns, City Manager
Donovan W. Abbott, Public Safety Director
Bob Rewitzer, Captain
July 22, 2008
Public Safety Joint Powers Agreement for 2008 Republican National Convention
The Republican National Convention (RNC) will be held in St. Paul from September 1-4, 2008. The
Saint Paul Police Department is the lead local agency responsible for providing public safety and
crowd control during the RNC and related events preceding it and must demonstrate an ability to
meet those public safety needs by July 31, 2008. The Saint Paul Police Department is actively
seeking the assistance of law enforcement personnel from cities throughout Minnesota to help
provide public safety services during the RNC.
St. Paul has developed a"Joint Powers Agreement Regarding Public Safety Related to 2008
Republican National Convention" (JPA) that must be executed by each city agreeing to provide law
enforcement personnel during the RNC.
Cities that execute the JPA may avail themselves of a rapid response team established for the sole
and exclusive purpose of providing public safety-related aid and assistance for extraordinary
circumstances related to the RNC that exceed the ability of the city to provide police services within
their boundaries.
Cities that execute the JPA will be reimbursed for providing law enforcement personnel including
the employer's share of Medicare and PERA contributions.
The host committee of the RNC has secured a$10 million Law Enforcement Professional Liability
Policy. Cities that execute the JPA will be a named insured on the policy and will be protected to the
extent of the policy's coverage.
The League of Minnesota Cities is strongly encouraging members to provide law enforcement
assistance for the RNC. The League believes that this unique event can demonstrate to the world the
Minnesota spirit of collaboration and solidify Minnesota's reputation for local government
excellence.
City Attorney Fritz Knaak has reviewed the 7PA and finds it acceptable.
Staff recommends Council's approval.
JOINT POWERS AGREEMENT REGARDING PUBLIC SAFETY
RELATED TO 2008 REPUBLICAN NATIONAL CONVENTION
THIS JOINT POWERS AGREEMENT REGARDING PUBLIC SAFETY
RELATED TO 2008 REPUBLICAN NATIONAL CONVENTION (hereinafter referred to as
the "Agreement"), is made effective, except as otherwise made operationally effective as set
forth in Section 4 herein, on this 28th day of July, 2008, by and between the CITY OF SAINT
PAUL, MINNESOTA, a municipal corporation, (hereinafter referred to as the "City"), acting
through its Police Department (hereinafter referred to as the "SPPD") and the CITY OF
FRIDLEY, MINNESOTA (hereinafter referred to as the "Provider"), acting through its Police
Department.
WHEREAS, the City is a host city for the 2008 National Republican Convention to be held
between September 1, 2008 and September 4, 2008 (hereinafter referred to as the "2008 RNC");
and
WHEREAS, the City has entered into a"City Service Agreement For The 2008 Republican
National Convention" with the Minneapolis Saint Paul 2008 Host Committee, Inc., a Minnesota
non-profit corporation (hereinafter referred to as the "Host Committee"), whereby the City has
agreed to undertake certain public safety and security measures related to the 2008 RNC within
the boundaries of the City of Saint Paul, Minnesota, and all other special event venues related to
the 2008 RNC, and to act as the lead local law enforcement agency to help facilitate the
provision of such measures in other locations throughout the greater Saint Paul-Minneapolis
metropolitan area to which the RRT (as defined herein) may be deployed, or such other locations
that may be subject to a Unified Command (as defined herein) (hereinafter such above-described
locations shall be collectively referred to as the "Security Event");
WHEREAS, the City is in need of procuring additional law enforcement personnel to provide
the public safety and security measures required of an event the size and unique nature of the
2008 RNC; and
WHEREAS, the Fridley Police Department provides law enforcement services to the Provider
pursuant to the police powers and law enforcement authority granted under the laws of the State
of Minnesota; and
WHEREAS, at the request of the City, the Provider is willing to provide the services of the law
enforcement personnel identified in this Agreement to the City to assist the SPPD with the
Security Event; and
WHEREAS, the Provider may also avail itself of a rapid response team (herein referred to as the
"RRT"), comprised of licensed peace officers employed by the SPPD and certain other law
enforcement organizations, that will be established for the sole and exclusive purpose of
1
providing public safety-related aid and assistance to law enforcement organizations throughout
the greater Saint Paul-Minneapolis metropolitan area that have entered into an agreement with
the City, similar to this Agreement, provided that such aid and assistance is actually and directly
related to the 2008 RNC, and only if such aid and assistance is warranted by extraordinary
circumstances, all as more fully set forth in Section 3.6 herein.
NOW THEREFORE, pursuant to the authority contained in Minnesota Statutes Section 471.59,
commonly known as the Joint Powers Act, and/or Minnesota Statutes, Sections 626.76 and
626.77, and in consideration of the mutual covenants herein contained and the benefits that each
party hereto shall derive hereby, the Parties agree as follows:
PURPOSE OF THE AGREEMENT; BASIC CRITERIA OF LPOs AND NON-LPOS
1.1 The purpose of this Agreement is to set forth the terms and conditions whereby the
Provider will provide the City with the professional services of those certain licensed
peace officers identified on Attachment A attached hereto (such licensed peace officers
identified on Attachment A shall be collectively referred to herein as the "LPOs") to
assist the SPPD with the Security Event, and to set forth the terms and conditions in
which the Provider, subject to Section 3.6 herein, can avail itself of the aid and assistance
of the RRT.
1.1.1 Subject to the prior written approval of the SPPD, the Provider may also provide
the City with persons who are employed and actively utilized by the Provider in a
public safety capacity who do not meet the criteria of an LPO as set forth in this
Agreement but whose special public safety training and experience may enable
such persons to provide further assistance to the SPPD with regard to the Security
Event (hereinafter such persons are identified on Attachment B attached hereto,
and shall be collectively referred to herein as the "Non-LPOs") (an example of a
Non-LPOs might include parking enforcement and/or traffic control officers,
detention staff, special deputies, and emergency center dispatchers). If the SPPD,
in its sole discretion, desires to use any Non-LPOs, the SPPD will so notify the
Provider in writing of the conditions by which the Non-LPOs will be used, and
such writing will be incorporated as an addendum to this Agreement.
1.1.2 Provider will exercise its best efforts to assist with the Security Event. The
parties acknowledge and agree that resource availability requires Provider to
exercise its best judgment in prioritizing and responding to the public safety needs
of its jurisdiction including, but not limited to, the Security Event. That
prioritization decision belongs solely to Provider. This Agreement does not entitle
City or the Security Event to a higher priority or special consideration during
Provider's prioritization process. Further, Provider may, at any time, recall its
LPOs when, it is considered to be in Provider's best interest to do so.
1.2 Each of the LPOs must meet the following criteria as defined in Minnesota Statutes,
Sections 626.84, Subdivision 1(c) and 471.59, Subd. 12, which reads:
�
"(1) the peace officer has successfully completed professionally recognized peace officer
pre-employment education which the Minnesota Board of Peace Officer Standards and
Training has found comparable to Minnesota peace officer pre-employment education;
and
(2) the officer is duly licensed or certified by the peace officer licensing or certification
authority of the state in which the officer's appointing authority is located."
2 ADDITIONAL CRITERIA OF LPOs; PROVIDER SCOPE OF SERVICE
2.1 In addition to meeting the criteria set forth in Section 1 of this Agreement, the Provider
agrees that each of the LPOs shall also meet the following criteria:
A. That each LPO shall by reason of experience, training and physical fitness be
deemed in the sole discretion of the SPPD, that she/he is capable of performing
the duties required by the SPPD of each such LPO during the Security Event; and
B. That: (i) each LPO shall have been employed as a licensed peace officer for a
minimum of two (2) years in the United States; or (ii) in the event that an LPO
has been employed as a licensed peace officer for less than two (2) years in the
United States, that such LPO will at all times when providing the services
described in this Agreement, be directly supervised by an LPO who in addition to
satisfying the minimum criteria described in this Section 2.1 B. (i), shall also
possess sufficient supervisory skills and experience generally recognized and
accepted throughout the greater Saint Paul-Minneapolis law enforcement
community; and
C. That each of the LPOs are officers in good standing with the Provider.
Throughout the term of this Agreement, the Provider shall promptly notify the
SPPD in the event that any LPO is no longer an officer in good standing with the
Provider.
D. That throughout the term of this Agreement and subj ect to Chapter 13,
Minnesota Statutes, commonly known as the "Minnesota Governmental Data
Practice Act" (hereinafter referred to as the "MGDPA"), the Provider shall give
notice using the form attached hereto as Attachment C, to the SPPD of any public
data, as defined by the MGDPA, related to internal affairs type of investigations
either pending and/or sustained against any LPO during the past three (3) years,
involving excessive/unnecessary/unreasonable use of force, improper conduct or
conduct unbecoming of a licensed law enforcement officer; and
E. That unless otherwise provided or requested by the SPPD, each of the LPOs
shall be equipped and/or supplied by Provider at Provider's own expense, with a
seasonally appropriate patrol uniform of the day and equipment, including but not
limited to service belts with Provider radio equipment, service weapon and
personal soft ballistic body armor that are required to be worn by each LPO while
on duty for the Provider; see Attachment E attached hereto for uniform and
equipment list; and
F. That Provider shall furnish all of the information required in Attachments
A and B attached hereto, for each LPO and Non-LPO, no later than ten (10)
business days after the effective date of this Agreement, with the understanding
that the City will hold the data in the same classification as the Provider does
under the MGDPA.
2.1.1 Provider acknowledges and agrees that at anytime during the term of this
Agreement the City has the sole discretion to decline to accept and/or use any
LPO or Non-LPO without cause or explanation.
2.2 The Provider agrees to provide the City with the following services:
A. That upon reasonable advance written notification from the SPPD,
each LPO so designated by the SPPD shall participate in training
activities related to the Security Event, that are coordinated or
conducted by the SPPD or its designee (hereinafter each such
training session shall be referred to as a"Security Event Training
Session") for a period of time commencing from the Security
Event Training Session Commencement Date to the Security Event
Training Session Termination Date as those respective terms are
defined in Section 4 herein; and
B. That upon reasonable advance written notification from the SPPD,
each LPO so designated by the SPPD shall participate in the
Security Event for a period of time commencing from the Security
Event Commencement Date to the Security Event Termination
Date as those respective terms are defined in Section 4 herein.
C. That each LPO agrees to be placed by the SPPD, if so determined
by the SPPD, in an "On Assignment" status in which the LPO is
physically proximate to a Security Event location within the City
of Saint Paul, so as to be able to physically report in a timely
manner to such duty post assigned by the SPPD prepared to
undertake the specific j ob task or responsibility assigned to such
LPO by the SPPD related to the Security Event.
D. That at the request of the SPPD, each LPO and Non-LPO shall
participate in and/or provide information to and otherwise
cooperate with the SPPD in any "after action activities" following
the conclusion of a Security Event Training Session and/or the
Security Event. For purposes of this Agreement "after action
�
activities" may include, but not be limited to the following
activities related to Security Event Training Sessions and the
Security Event: debriefings of information and experiences,
completion of surveys and questionnaires and assisting and/or
participating in any civil and/or criminal legal proceedings.
2.3 Notwithstanding Section 12 herein, Provider acknowledges and agrees that at all times
during each Security Event Training Session and/or the Security Event, each LPO
regardless of such LPO's rank or job title held as an employee of the Provider, shall be
subj ect to a structure of supervision, command and control coordinated through a unified
law enforcement command and following unified command principals and practices
established throughout the law enforcement community (herein referred to as "Unified
Command").
2.4 The Provider agrees to cooperate and provide the City, with any other information
reasonably requested by the City that the City deems necessary to facilitate and enable
compliance with the terms and conditions contained in this Agreement. By way of
illustration only, such cooperation and information may include, but not be limited to the
Provider's timely completion and production of information required for insurance
purposes and audit purposes.
3 CITY RESPONSIBILITIES
3.1 City agrees that it will provide or facilitate the Security Event Training Session[s], the
SPPD deems necessary. The substance of the training, including the locations, dates and
times of any Security Event Training Session, shall be detailed in a separate writing
provided from the SPPD to the Provider.
3.2 The City anticipates certain financial assistance will be provided to it by the federal
government and/or third parties other than the City (hereinafter referred to as the
"Security Subsidy"), to fully and completely fund and/or reimburse the Provider for the
necessary costs of participating in the Security Event Training Session[s], the Security
Event, the RRT and any "after action activities" related thereto. Subject to the City's
good faith duty to provide the Provider with as much advance written notice that is
reasonable under the circumstances that the Security Subsidy is insufficient to reimburse
all or a portion of the costs and expenses described in this Agreement, Provider
acknowledges and agrees that the City's obligation to reimburse such costs or expenses
shall be limited only to the funds available in the Security Subsidy. In such event, City
agrees that funds available shall be distributed between/among Provider and any other
law enforcement organizations providing services under this or similar agreements in, at
least, a ratio based on each organization's contribution as a share of the total
contributions
3.3 Subject to the prior written approval of the City and the Provider's compliance with the
requirements of Section 5 of this Agreement, the City agrees to provide reimbursement
from the Security Subsidy to the Provider for each LPO and Non-LPO whose services are
actually utilized by the SPPD during the Security Event Training Sessions and/or the
Security Event, for the following: the prevailing hourly contract wages at the rate of one
and one-half times, together only with the employer's share of Medicare and PERA
contributions being paid by the Provider to each LPO and Non-LPO (based on such
hourly wages and employer's share of Medicare and PERA contributions described in
Attachments A and B attached hereto) at the time the services of such LPO or Non-LPO
have been actually utilized by the SPPD in accordance with this Agreement. Unless
otherwise agreed to in writing by the City, the City shall only reimburse the Provider in
accordance with this Agreement for any pre-approved reimbursable costs incurred by the
Provider related to the actual participation by an LPO or Non-LPO in a Security Event
Training Session, only upon the satisfaction of one of the following conditions: (a) the
actual participation by such LPO or Non-LPO in the Security Event as required by the
SPPD; or (b) such LPO or Non-LPO, was ready, willing and available to participate in
the Security Event as required and needed by the SPPD hereunder, despite the LPO or
Non-LPO not having actually participated in the Security Event.
3.4 The person responsible on behalf of the SPPD for the daily operation, coordination and
implementation of this Agreement, which responsibilities shall include, but not limited to,
determining the assignments of the LPOs, shall be SPPD Assistant Chief Matt Bostrom
(hereinafter referred to as the "Coordinator"). Except as otherwise provided in this
Agreement, all contact or inquiries made by the Provider with regard to this Agreement
shall be made directly to the Coordinator or the Coordinator's designee.
3.5 The City shall provide the Provider with the eligibility guidelines for the costs described
in this Section 3 and a checklist for submitting the Reimbursement Payment Form
attached hereto as Attachment F, and related required documentation.
3.6 The RRT will be established for the sole and exclusive purpose of providing public
safety-related aid and assistance as requested by law enforcement organizations with the
legal responsibility for providing police services to local units of government throughout
the Twin Cities metropolitan area (hereinafter referred to as the "Requesting Party"),who
have entered into an agreement substantially similar to this Agreement, with the City,
provided that: (i) such aid and assistance is actually and directly related to the 2008 RNC;
and (ii) only if such aid and assistance is warranted by extraordinary circumstances. For
purposes of this Agreement, the term "extraordinary circumstances" shall mean those
circumstances that significantly exceeds the usual and customary ability of the
Requesting Party to effectively and safely provide police services within its jurisdictional
boundaries (which by way of example only, may include, but not be limited to, providing
security for critical infrastructure, transportation routes and venues and facilities).
Nothing contained in this Agreement shall preclude the Provider from also becoming a
Requesting Party and availing itself of the RRT in accordance with this Section 3.6.
�
4 TERM OF AGREEMENT
4.1 Unless otherwise terminated earlier as provided in Section 16 herein, this Agreement
shall become operationally effective as follows:
4.1.1 Security Event Trainin� Session�sl — The Security Event Training Session
Commencement Date and the Security Event Training Session Termination Date
shall be the date[s] and time[s] so referenced in the writing described in Section
2.2 A of this Agreement which writing will incorporate the terms and conditions
of this Agreement.
4.1.2 Securitv Event - The Security Event Commencement Date and the Security Event
Termination Date shall be the date[s] and time[s] so referenced in a separate
writing to be provided by the SPPD to the Provider, which writing will
incorporate the terms and conditions of this Agreement.
4.1.3 The SPPD reserves the reasonable discretion to extend the Security Event
Training Session Termination Date[s] and the Security Event Termination Date
upon verbal or other non-written notice provided to Provider.
5 BILLINGS AND PAYMENTS
5.1 That in consideration for the Provider's faithful performance of this Agreement, the City
hereby agrees to compensate Provider from the Security Subsidy as provided in Section 3
herein and this Section 5. Notwithstanding any other provision contained in this
Agreement, the Provider agrees that the City's reimbursement to the Provider from the
Security Subsidy for all aggregate reimbursable costs and expenses, otherwise allowable
in Section 3 herein, shall not exceed an amount to be mutually agreed to by the City and
the Provider, no later than June 30, 2008. This not to exceed amount shall be
memorialized in a separate writing that will be incorporated as an addendum to this
Agreement.
5.2 Reimbursement Requirements
5.2.1 Except as may otherwise be provided either by this Agreement or with the written
consent of the City, any payments due and owing by the City to the Provider for
approved reimbursable costs and expenses described in this Agreement for which
the Provider has completed and delivered to the City all of the documentation
required herein, shall be made no earlier than the Security Event Termination
Date. Subject to the conditions described in this Section 5.2.1, the City shall make
every effort to make the payment to the Provider within thirty-five (35) days after
the City's receipt of all of the documentation required herein.
5.2.2 As a condition precedent to receiving any reimbursement from the City for
approved reimbursable costs and expenses described in this Agreement, the
7
Reimbursement Payment Form, referenced in Attachment F, attached hereto,
must:
A. Be submitted to the City no later than November 15, 2008, unless such
deadline is otherwise extended with the written consent of the City. The
Reimbursement Payment Form shall be submitted to the Attention of Lori
Lee, Office of Financial Services, 15 West Kellogg Boulevard, Room 700,
City of Saint Paul, MN 55102; and
B. Include a cover letter signed by the Provider's Chief Financial Officer or
his/her designee, detailing the total amount sought to be reimbursed and a
including a summary narrative and cost overview that provide context to
the submission, including any unusual circumstances, all provided under
the following certification: `7 certify that all information presented in this
application supports only costs incurred for security related services
provided for the 2008 Republican National Convention, and that all
information was obtained from payroll records, invoices or other
documents that are available for audit. "; and
C. Include an itemized invoice as specified on checklist; and
D. Include all back-up documentation, as outlined on the checklist provided
by the City to the Provider.
5.2.3 In addition to any other requirements contained herein, Provider agrees that it will
promptly provide to the City upon request, any other information or
documentation of approved reimbursable costs and expenses described in this
Agreement as may be required by the federal government as a condition to the
City's receipt of the Security Subsidy. All records must be maintained for future
audits and the entity being reimbursed will be fiscally responsible for the results
of any such audit.
5.2.4 Any questions regarding this reimbursement process should be directed to:
Lori Lee or designee, Office of Financial Services.
5.2.5 The Provider acknowledge and agree that the City's obligations to provide
reimbursement pursuant to this Agreement are solely and exclusively limited to
the Security Subsidy, and that the City shall not be liable for any payment
hereunder. (i) to the extent that the Security Subsidy is insufficient to fully
reimburse the Provider and the City provides the notice described in Section 16 of
this Agreement; or (ii) in the event that the funder[s] of the Security Subsidy
determine, independent of the City and the SPPD, that a cost that may otherwise
be reimbursable pursuant to the terms of this Agreement, is not eligible for
reimbursement and that any payment for reimbursement previously made by the
:
City to the Provider is deemed to be ineligible by the funder[s] and is required to
be returned to the funder[s].
5.3 In the event the Provider fails to comply with any terms or conditions of the Agreement
or to provide in any manner the work or services as agreed to herein, the City reserves the
right to withhold any payment until the City is satisfied that corrective action has been
taken or completed. This option is in addition to and not in lieu of the City's right to
termination as provided in the sections of this Agreement.
6 AGREEMENT MANAGEMENT
6.1 In addition to the person described in Section 2.3 of this Agreement, the Provider has
identified the following person[s] as persons to contact only with regard to the following
matters regarding the Agreement:
(List names) (List responsibilities)
7 WORK PRODUCTS, RECORDS, DISSEMINATION OF INFORMATION
7.1 For purposes of this Agreement, the following words and phrases shall have the meanings
set forth in this section, except where the context clearly indicates that a different
meaning is intended.
"Workproduct" shall mean any report, recommendation, paper, presentation, drawing,
demonstration, or other materials, whether in written, electronic, or other format that are
used or belong to SPPD or results from Provider's services under this Agreement.
"Supportingdocumentation" shall mean any surveys, questionnaires, notes, research,
papers, analyses, whether in written, electronic, or in other format and other evidences
used to generate any and all work performed and work products generated under this
Agreement.
`Business records" shall mean any books, documents, papers, account records and other
evidences, whether written, electronic, or in other format, belonging to SPPD or Provider
and pertain to work performed under this Agreement.
7.2 All deliverable work products, supporting documentation and business records or copies
thereof, that are needed from or are the results from the Provider's services under this
Agreement shall be delivered to the City either pursuant to this Agreement or upon
reasonable request of the City.
7.3 The City and the Provider each agrees not to release, transmit, disclose or otherwise
disseminate information associated with or generated as a result of the work performed
under this Agreement without prior notice to the other. Except as otherwise required by
federal and/or state law, neither the City nor the Provider shall release, transmit, disclose
or disseminate any security information, security service or security service data, defined
�
under Minnesota Statutes, Sections 13.37 and 13.861 or any like data, as defined and/or
required in all federal, state, and local laws or ordinances, and all applicable rules,
regulations, and standards.
7.4 In the event of termination, all supporting documents and business records prepared by
the Provider under this Agreement, shall be delivered to the City by Provider by the
termination date.
7.5 Both the City and the Provider agree to maintain all business records in such a manner as
will readily conform to the terms of this Agreement and to make such materials available
at its office at all reasonable times during this Agreement period and for six (6) years
from the date of the final payment under the contract for audit or inspection by the City,
the Provider, the Auditor of the State of Minnesota, or other duly authorized
representative.
7.6 Both the City and the Provider agree to abide strictly by Chapter 13 , Minnesota
Government Data Practice Act, ("MGDPA")and in particular Minnesota Statutes,
Sections 13.05, Subd. 6 and 11; 13.37, Subd. 1(b), 138.17 and 15.17. All of the data
created, collected, received, stored, used, maintained, or disseminated by the Provider or
the City in performing functions under this Agreement is subject to the requirements of
the MGDPA and both the City and the Provider must comply with those requirements. If
any provision of this Agreement is in conflict with the MGDPA or other Minnesota state
laws, state law shall control.
8 EQUAL OPPORTUNITY EMPLOYMENT
Neither the City nor the Provider will discriminate against any employee or applicant for
employment for work under this Agreement because of race, creed, religion, color, sex,
sexual or affectional orientation, national origin, ancestry, familial status, age, disability,
marital status, or status with regard to public assistance and will take affirmative steps to
ensure that applicants are employed and employees are treated during employment
without regard to the same.
This provision shall include, but not be limited to the following: employment, upgrading,
demotion, or transfer; recruitment advertising, layoff or termination; rates of pay or their
forms of compensation; and selection for training, including apprenticeship.
9 COMPLIANCE WITH APPLICABLE LAW
Both the City and the Provider agree to comply with all federal, state, and local laws or
ordinances, and all applicable rules, regulations, and standards established by any agency
of such governmental units, which are now or hereafter promulgated insofar as they relate
to their respective performances of the provisions of this Agreement.
10
10 CONFLICT OF INTEREST
10.1 Both the City and the Provider agree that it will not contract for or accept employment for
the performance of any work or services with any individual, business, corporation, or
government unit that would create a conflict of interest in their respective performances
of their obligations pursuant to this Agreement.
10.2 Acceptance of this Agreement by both the City and the Provider indicates compliance
with Chapter 24.03 of the Saint Paul Administrative Code, which provides that: "Except
as permitted by law, no City official or employee shall be a party to or have a direct
financial interest in any sale, lease, or contract with the City."
10.3 Both the City and the Provider agree that, should any conflict or potential conflict of
interest become known, the party learning of such conflict or potential conflict shall
advise the other party of the situation so that a determination can be made about each
party's ability to continue performing services under this Agreement.
ll INSURANCE
11.1 The Host Committee for the 2008 RNC, at its own cost, shall provide the following
insurance coverage in which the Provider shall be covered as a named insured party:
A. Police Professional Insurance (the "Insurance Coverage") providing coverage
for claims arising out of actions of each LPO and Non-LPO who provide security
and law enforcement during the convention and convention related events with a
limit of coverage not less than Ten Million Dollars ($10,000,000), as evidenced
by a certificate of insurance provided to the Provider providing at least a ten (10)
day notice of cancellation or any significant material change in coverage.
11.1.1 The Provider agrees to be bound by the terms and conditions contained in the
Insurance Coverage policy ("Policy"), the terms and conditions of which are
incorporated herein by reference.
11.1.2 The parties acknowledge and agree that the Insurance Coverage shall only provide
coverage during the time period set forth in the Policy.
11.1.3 The Provider agrees that is shall cooperate with the insurer who will be
underwriting the Insurance Coverage by timely providing information as
reasonably requested by said insurer or its designees. For purposes of this Section
11.1.3, this cooperation will include, but not be limited to both the underwriting
process and the claims process, and this obligation shall survive and extend if
necessary, beyond the termination of this Agreement.
11.2 The Provider shall be responsible for injuries or death of its own LPOs and Non-LPOs.
The Provider will maintain workers' compensation insurance or self-insurance equivalent
11
coverage, covering each of its own LPOs and Non-LPOs while such LPOs and Non-
LPOs are providing services pursuant to this Agreement. The Provider waives the right to
sue any other party for any workers' compensation benefits paid to its own LPOs or Non-
LPOs and any dependants of such LPOs and Non-LPOs, even if the injuries were caused
wholly or partially by the negligence of any other party.
12 INDEPENDENT CONTRACTOR; RULES OF CONDUCT
12.1 Notwithstanding any other provision of this Agreement, including, but not limited to
Section 2.3, it is understood and agreed by the parties hereto that, at all times and for all
purposes within the scope of the Agreement, the relationship of the Provider to the City is
that of independent contractor and not that of employee. No statement contained in this
Agreement shall be construed so as to find the Provider or the LPOs and Non-LPOs, to
be employees of the City, and the Provider shall be entitled to none of the rights,
privileges, or benefits of City employees.
12.2 During the Security Event Training Session[s] and the Security Event, each LPO shall be
required to comply with the rules of conduct established by the Provider, the SPPD
and/or the Unified Command. In the event that a conflict exists between the Provider's
rules of conduct and the SPPD's rules of conduct and the Unified Command has not
otherwise provided rules of conduct, the SPPD's rules of conduct shall apply. The
Coordinator or his designee shall refer disciplinary matters involving LPOs to the
Provider for an investigation. Based on the judgment of the Coordinator or his designee,
if a particular matter represents probable cause for the issuance of a criminal complaint,
the matter shall be referred directly to an external law enforcement agency for
investigation, provided the person's agency head is notified in advance thereof.
13 SUBCONTRACTING.
Both the City and the Provider agree not to enter into any subcontracts for any of the
work contemplated under this Agreement without obtaining prior written approval of the
other party.
14 MUTUAL RESPONSIBILITY; NO WAIVER OF IMMUNITIES
14.1 Each party hereto agrees that it will be responsible for its own acts and/or omissions and
those of its officials, employees, representatives and agents in carrying out the terms of
this Agreement and the results thereof to the extent authorized by law and shall not be
responsible for the acts and/or omissions of the other party and the results thereof.
Notwithstanding the foregoing, nothing contained in this Section 14.1 shall waive, nor
shall be construed to waive any rights and benefits either party has with regard to its
status under the insurance coverage described in Section 11 of this Agreement.
14.2 It is understood and agreed that each party's liability shall be limited by the provisions of
Minnesota Statutes, Chapter 466 (Tort Liability, Political Subdivisions) or other
12
applicable law. Nothing contained in this Agreement shall waive or amend, nor shall be
construed to waive or amend any defense or immunity that either party, their respective
officials and employees, may have under said Chapter 466, or any common-law
immunity or limitation of liability, all of which are hereby reserved by the parties hereto.
15 ASSIGNMENT
The City and the Provider each binds itself and its successors, legal representatives, and
assigns of such other party, with respect to all covenants of this Agreement; and neither
the City nor the Provider will assign or transfer their interest in this Agreement without
the written consent of the other.
16 EVENTS OF DEFAULT; TERMINATION
16.1 Bv the CitX - The City may terminate this Agreement based on the occurrence of any of
the following events:
A. the cancellation of the 2008 RNC;
B. the determination made in the sole discretion of the City, that the
Security Subsidy is insufficient to reimburse all or a portion of the
costs and expenses described in Section 3 of this Agreement,
which determination must be made and disclosed to the Provider
prior to the Security Event Commencement Date;
C. the failure of the Host Committee to purchase and provide the
insurance coverage described in Section 11 of this Agreement in a
timely manner determined by the City;
D. the failure of the Provider to comply with or perform any term,
condition or obligation contained in this Agreement and to fail to
cure such default within seven (7) calendar days after the City or
SPPD provides Provider with notice of such default.
16.2 Bv the Provider - The Provider may terminate this Agreement based on the occurrence
of any of the following events:
A. without cause, prior to any Security Event Training Session[s]
Commencement Date[s] in which any of the Provider's LPOs shall
participate;
B. the cancellation of the 2008 RNC;
C. the failure of the Host Committee to provide the Provider with
evidence in the form of a certificate of insurance naming the
13
Provider as a named insured in the policy of insurance coverage
described in Section 11 of this Agreement;
D. the Provider's receipt of the notice described in Section 3.2 of this
Agreement;
E. the failure of the City to comply with or perform any term,
condition or obligation contained in this Agreement and to fail to
cure such default within seven (7) calendar days after the Provider
provides the SPPD with notice of such default.
16.3 Both the City and the Provider shall act in good faith, to provide as much advance written
notice of an event of default in this Section 16, to the other party that is reasonable under
the circumstances.
16.4 In the event of termination, the City will only pay Provider for those services actually,
timely, and faithfully rendered up to the receipt of the notice of termination and thereafter
until the date of termination. Except as otherwise provided in this Section 16.4, neither
the City nor the Provider shall be entitled to the recovery of any consequential damages
or attorney fees related to an event of default hereunder.
17 GOOD FAITH DISPUTE RESOLUTION
The City and the Provider shall cooperate and use their best efforts to ensure that the
various provisions of this Agreement are fulfilled and to undertake resolution of disputes,
if any, in good faith and in an equitable and timely manner. In the event such a dispute
arising out of or relating to this Agreement or breach thereof cannot be resolved
exclusively among the parties, such dispute shall be referred to non-binding mediation
before, and as a condition precedent to, the initiation of any legal action hereof, provided
for herein. Each party agrees to participate in up to four hours of inediation. The
mediator shall be selected by the parties, or if the parties are unable to agree on a
mediator then any party can request the administrator of the Ramsey County District
Court Civil ADR Program and/or similar person, to select a person from its list of
qualified neutrals. All expenses related to the mediation shall be borne by each party,
including without limitation, the costs of any experts or legal counsel. All applicable
statutes of limitations and all defense based on the passage of time are tolled while the
mediation procedures are pending, and for a period of 30 days thereafter.
18 AMENDMENT OR CHANGES TO AGREEMENT
18.1 Any alterations, amendments, deletions, or waivers of the provisions of this Agreement
shall be valid only when reduced to writing and duly signed by the parties hereto, after all
appropriate and necessary authority has been acquired by each such party.
14
18.2 Modifications or additional schedules shall not be construed to adversely affect vested
rights or causes of action which have accrued prior to the effective date of such
amendment, modification, or supplement. The term "this Agreement" as used herein
shall be deemed to include any future amendments, modifications, and additional
schedules made in accordance herewith.
19 NOTICES
Except as otherwise stated in this Agreement, all notice or demand to be given under this
Agreement shall be delivered in person or deposited in United States Certified Mail,
Return Receipt Requested. Any notices or other communications shall be addressed as
follows:
To City: To Provider:
20 WAIVER
Any fault of a party hereto to assert any right under this Agreement shall not constitute a
waiver or a termination of that right, this Agreement, or any of this Agreement's
provisions.
21 SURVIVAL OF OBLIGATIONS
21.1 The respective obligations of the City and Provider under these terms and conditions,
which by their nature would continue beyond the termination, cancellation, or expiration
hereof, shall survive termination, cancellation or expiration hereof.
21.2 If a court or governmental agency with proper jurisdiction determines that this
Agreement, or a provision herein is unlawful, this Agreement or that provision, shall
terminate. If a provision is so terminated but the parties hereto legally, commercially, and
practicably can continue this Agreement without the terminated provision, the remainder
of this Agreement shall continue in effect.
22 INTERPRETATION OF AGREEMENT
This Agreement shall be interpreted and construed according to the laws of the State of
Minnesota.
23 FORCE MAJEURE
Neither the City nor the Provider shall be held responsible for performance if its
performance is prevented by acts or events beyond the party's reasonable control,
including, but not limited to: severe weather and storms, earthquake or other natural
occurrences, strikes and other labor unrest, power failures, electrical power surges or
15
24
current fluctuations, nuclear or other civil military emergencies, or acts of legislative,
judicial, executive, or administrative authorities.
ENTIRE AGREEMENT
It is understood and agreed that this entire Agreement supersedes all oral agreements and
negotiations between the parties hereto relating to the subject matters herein.
IN WITNESS WHEREOF, the parties hereto are authorized signatories and have
executed this Agreement, the day and year first above written.
CITY OF SAINT PAUL
By:
Its: Mayor
Date:
Approval Recommended:
By:
Its: Chief of Police
Saint Paul Police Department
By:
Its: Director, Office of Financial Services
By:
Its: Director, Department of Human Rights
Approved as to form and legality:
By:
Its: Assistant City Attorney
Funding:
Activity # and Activity Manager Signature
CITY OF FRIDLEY
By:
Its: Mayor
Date:
Approval Recommended:
By:
Its: Public Safety Director
Fridley Police Department
Provider's Taxpayer I.D. No_
������������������������������������������������������������������������������
16
« .
,�
TO
FROM:
DATE:
. � .
CITY COUNCIL MEETING OF JULY 28, 2008
William W. Burns, City Manager ��
�
James P. Kosluchar, Public Works Directo:
Layne R. (�tteson, Assistant Public Works
July 28, 2008
SUBJECT: 2008 Street Impravement Praject ST2008-1 - Change Order #1
'.1: 1 .
Attached is Change Order No. 1 for the 2008 Neighborhoad Street Improvement Project No. ST. 2008-1. This
change order includes utility repairs to the water and sewer systems, excavatian of mucic in the road bed, and
miscellaneaus changes due to minor field revisions. The amount of this change order is $27,754.99.
Recammend the City C�uncil approve Change Order #1 to Midwest Asphalt Carporation in the amount of
$27,754.99. The revised contract amount is now increased ta $2,456,$17.49.
LRO
Attachments
56
Page 1 of 2
CITY OF FRIDLEY
ENGINEERING DEPARTMENT
6431 UNIVERSITY AVENUE N.E.
FRIDLEY, MN 55432
Midwest Asphalt Corporation
5929 Baker Road, Ste 420
Minnetonka, MN 55345
SUBJECT: Change Order No. 1— 2008 Street Improvement Project No. ST2008-1
Gentlemen:
July 28, 2008
You are hereby ordered, authorized, and instructed to modify your contract for the 2008 Street Improvement
Project No. ST2008-1 by adding the following work:
Item No. Item Description Cost
1 Repair existing gate valve at 6690 Lucia Lane (below water table). $2,524.25
2 Revised the ditch grading along 68`h Place and �ucia lane due to higher $190.00
than expected water table.
3 Revise grades at 64th Avenue and Pierce Street. $295.00
Install loo� detectors at he junctions of Hickory Drive/ East River Road �
4 and at 79t Way / East River Road. $1,980.00
Excavate, grade, and establish erosion protection for the pipe outlet $435.00
5 located on the end of Channel Road.
Furnish and install special order sewer grate and casting on 7110 Ashton
6 Avenue. Casting is in a driveway so it needs to bea surmountable style. $576.38
7 Repair gate valve box at Hickory Drive and 70�h Way. $643.88
$ Cut down the top of a sewer rnanhole to matchnew street grade. $22� $$
Uncovered buried manholes to provide access to Fridley Sewer
9 Department for sewer pipe inspection. Inspection was required due to $558.75
several street voids appearing overnight.
10 Repaired a storm sewer pipe that was partially collapsed at 6875Hwy 65 $2 277.00
East Service Drive.
Excavated 743 cubic yards of muck on Hwy 65 West Service Drive
11 between West Moore Lake Drive and 64th Avenue, Replaced muck with $10,598.85
617 cubic yards of salvaged granular material.
12 Excavated 530 cubic yards of muck on Lucia Lane south of 68th Place. $7,454.00
Replace muck with 440 salvaged granular material.
Total $27,754.99
57
Page 2 of 2
Submitted and approved by James Kosluchar, Director of Public Works, on the 28th day of July, 2008.
James P. Kosluchar, Director of Public Works
Approved and accepted this day of , 2008 by
Midwest Asphalt Corporation
Approved and accepted this day of , 2008 by
CITY OF FRIDLEY
Scott J. Lund, Mayor
William W. Burns, City Manager
:
� AGENDA ITEM
� COUNCIL MEETING OF JULY 28, 2008
�ffY �F
FRIDLEY
CLAIMS
137613 -137735
� AGENDA ITEM
� CITY COUNCIL MEETING OF JULY 28, 2008
�ffY �F
FRIDLEY
Type of License Applicant Approved By:
Peddler or Solicitor The Window Store for: Public Safet
John Vernon Norton
Mark Alan Chasin
Nathan Michael Hildman
Lawful Gambling Totino-Grace Parent
Or anization Cit Clerk
Julie Ann Michels Public Safet
� AGENDA ITEM
� CITY COUNCIL MEETING OF JULY 28, 2008
��F LICENSES
FRIDLEY
Contractor T e A licant A roved B
Albrecht Si n Com an Inc Si n Erector T. J. Albrecht Ron Julkowski, CBO
All Climate Heating & Cooling Heating Mark Bloomdahl Ron Julkowski, CBO
LLC
As en Air Heatin Joel Rivard Ron Julkowski, CBO
As en Air Gas Joel Rivard Ron Julkowski, CBO
Central Roofin Com an Roofin Gail Schwarz Ron Julkowski, CBO
Crosstown Concrete & Brick Inc Commercial or Greg Pietig Ron Julkowski, CBO
S ecialt License
D& S Construction Commercial or Stephen M. Brown Ron Julkowski, CBO
S ecialt License
Forever Nails LLC Si n Erector Phu Trun Trinh Ron Julkowski, CBO
Perfection Heatin & Air Heatin Steve Kuzi Ron Julkowski, CBO
Peterson Pinn Heatin Ra Turn uist Ron Julkowski, CBO
Sammy's Construction Company Commercial or Kirby Gobernatz Ron Julkowski, CBO
S ecialt License
� AGENDA ITEM
� CITY COUNCIL MEETING OF JULY 28, 2008
�ffY �F
FRIDLEY
INFORMAL STATUS REPORTS